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ILLINOIS 
PRIMARY 
ELECTION 
D  LAWS 


IN  FORCE 
JULY,  1,  1913 


COMPLIMENTS   OP 

IE  STATE  OF  ILLINOIS 
HARRY  WOODS 

Secretary  of  State 


Illinois  Primary 
Election  Laws 


IN     FORCE 
JULY  1,  1913 


AN  ACT 

TO  PROVIDE  FOR  THE  HOLDING  OF 
PRIMARY  ELECTIONS  BY 
POLITICAL  PARTIES 


AN   ACT 

TO    PROVIDE    FOR    THE    HOLDING    OF    PRIM  • 

ARY  ELECTIONS  BY  POLITICAL  PARTIES 

FOR  THE  NOMINATION  OF  MEMBERS 

(OF  THE  GENERAL  ASSEMBLY  AND 
THE    ELECTION    OF    SENA- 
TORIAL COMMITTEEMEN. 


ILLINOIS  PRINTING  CO.,  DANVILLE,  ILL. 

1914 


INDEX 

Page 
AFFIDAVIT — See  "Forms" 

ALDERMEN — under  minority  representation .  .  13 

BALLOT  Box — care  and  custody 38 

separate  for  women 39 

what  used 19 

BALLOTS-^-canvass  of 52 ,  81 

color,  size,  etc 33 

defective,  objected  to,  etc 49,  82 

delivery  to  judges,  receipt 36 

directions  to  voters 47 

extra  for  emergency 37 

for  general  election 59 

form,  how  endorsed,  etc 34,   36,  53 

how  marked 47,  81 

how  printed. 32 ,  34 

how  voted  and  preserved 48,   54,  83 

separate  for  women 39 

specimen 36 

BOARD  OF  ELECTION  COMMISSIONERS — 

duties 40,   56,   61,  78 

BOOTHS — provisions  concerning 18 

BRIBERY — term  defined,  penalty 65 

CANDIDATES — certificate  of  nomination  or 

election 56 

contests  regulated ..  .  62 

independent  nominations  by  petition 64,  83 

names  on  ballot,  order,  etc.  21,   26,   30,   39,  79 

preference  for  President 29,   35 ,  57 

rotation  by  senatorial  districts 30 

nominations  by  plurality  vote 58 

petition,  form,  filing,  etc 21-24,   27 ,  76 

signers,  number,  revocation,  etc 24-26 

tie  vote.^how  decided 8 ,  59 

under  minority  representation 13 ,  73 

vacancies  filled  by  committee 61 

what  nominated 1 ,  73 

withdrawal  (7) 28,  78 

CANVASS  OF  BALLOTS— how  conducted 51 ,  81 

offenses  and  penalties 69 

CANVASS  OF  RETURNS — how  conducted 54,82 

offenses  and  penalties 70 

CERTIFICATES — names  to  county  clerk 30,  78 

names  to  election  commissioners 56 

of  nomination  and  election 56 

to  poll  book 21,  52 

CHALLENGERS — who  to  act 18 

iii 


'493000 


Page 

CLERKS — canvass  of  returns 49,  51 ,  82 

offenses  and  penalties 69 ,  70 

primary,  oath 16 ,  17 

officers  of  county  court 17 

payment 17 

who  to  act 16 

to  announce  color  of  ballots,  etc 33 

to  give  notice  of  primary 14 ,  61 

to  prepare  ballots 32,  59 

COMMITTEEMEN — election  of  various 1 ,   7 ,  73 

precinct,  blank  on  ballot  for  name 8 ,  35 

to  appoint  challengers 18 

vote 9,  10 

senatorial 73 

COMMITTEES — central  or  managing 7 

composition,  organization,  powers,  etc. 7-11,  76 

existing  recognized 11 ,  76 

vacancies  filled  by 61 

CONTESTS — provisions  concerning 62 

CONVENTIONS — call,  date,  organization,  etc. .  .  11-13 
COUNTY  CLERK — certificate  to  election  com- 
missioners  30,  78 

DATES — announcement  of  color  of  ballots,  etc.  33 

certifying  names  to  county  clerk,  etc.  30,   60,  78 

deciding  tie  vote 8 ,  59 

delivery  of  ballots 36 ,  37 

filing  call  for  convention  (e) 13 

filing  contest  notice  and  hearing 62 

filing  petition  for  nomination 27 ,  78 

filing  resolution  under  minority  represen- 
tation  13 ,  80 

filing  revocation  of  signature  to  petition ...  24 

filing  withdrawal  of  candidtae  (7) 28 ,  78 

holding  conventions 11 

holding  regular  and  special  primary. 5,  6,   61 ,  74 
issuing  certificate  to  nominee  or  committee- 
man 56,  82 

issuing  notice  of  primary 14 ,  61 

making  returns  of  primary 54 ,  82 

meeting  and  organization  of  committee. ...  7 

posting  specimen  ballots 36 

preserving  ballots 49,    54,  83 

DEFINITIONS — words  and  phrases .  4 ,   65 ,  74 

DELEGATES  AND  ALTERNATES — how  chosen . .  11 

national,  statement,  etc 12,  29 

EXPENSES — payment 20 

FORMS — affidavit  of  voter  and  witness 46 ,  47 

affidavit,  erasure  of  names 42 ,  43 

registration  of  voter 40 

ballots 34,   59,  79 

certificate  to  county  clerk 30,   60,  78 

iv 


FORMS — (Concld.)  Page 

contest  petition 62 

convention  call 13 

notice  of  election 14 ,  61 

oath  of  judge  and  clerk 16 ,  17 

petition  of  candidate 22 ,  78 

poll  book 20,  53 

tally  sheet 21 

JuDGES-^-oath 16,  17 

offenses  and  penalties 68-70 

officers  of  county  court 17 

payment 17 

to  canvass  ballots 51-53 

to  fill  vacancies 15 

who  to  act 15 

LIQUOR — offenses  and  penalties 64 

MINORITY  REPRESENTATION — alderman   and 

representative 13 ,  80 

NOMINATIONS — see  ' '  CANDIDATES.  ' ' 

NOTICES — contest 62 

primary,  regular  and  special 14,  61 

OATH — judge  and  clerk 16 

OFFENSES  AND  PENALTIES — betting 67 

bribery 65-67 

canvassing  returns 70,  71 

clerks 69,  70 

disclosing  how  elector  voted 69 

disorderly  conduct 67 

electioneering  near  polls 18,  19 

false  swearing 24 ,  64 

forgery 24 

illegal  voting 65 

judges 68 

liquor  selling,  etc 64 

PERJURY — false  swearing  deemed 24,  64 

PETITIONS — see  ' '  CANDIDATES  ' ' 

POLITICAL  PARTY — existing  committees ....  11 ,  76 

teim  defined 2  ,   3 ,  74 

total  vote,  how  determined 3 

POLL  BOOKS — false  entries 70 

form,  certificate,  etc 20,  52 

POLLS — adjournment  prohibited 49 

opening  and  closing 6 ,  37 

place  of  holding 5 

PRESIDENT — disavowals 29 

petition,  etc 26,   27  ,  73 

REGISTRATIONS — see  "VOTER." 

REPEAL— acts  of  1889,  1898,  1899  and  1908.  .  71 

REPRESENTATIVE  IN  GENERAL  ASSEMBLY — 

provisions  concerning 73 


Page 

RETURNS  OF  ELECTION — how  made  and  can- 
vassed  54,  82 

SECRETARY  OF  STATE — certificate  to  county 
clerk 30-32,    60,    78 

certificate  to  nominee  or  committeeman .  .56,   57 

SIGNERS — see  ' '  CANDIDATES.  ' ' 

SPECIAL  ELECTION — provisions  concerning. .  .  61 

SUPPLIES — how  furnished 19 

TALLY  SHEETS — form 21 

TIE  VOTE — how  decided 8 ,  59 

UNITED  STATES  SENATOR — petition,  etc 26,  73 

VACANCIES — committee  to  fill 61 

judges  to  fill 15 

special  election,  when  necessary. 61 

VOTER — affidavit  of  challenged 45 

assistance 49 

bribery,  illegal  voting,  etc 65-70 

directions  on  ballot 35 

leave  of  absence 6 

party  affiliation  to  be  stated 39-45 

qualifications 38 

registration,  erasure,  etc 40-43 

revoking  signature  to  petition 24 

WOMEN — qualifications 38 

separate  ballots,  etc 39 

WORDS  AND  PHRASES — how  construed. 3 -5,  65,    74 


GENERAL 
PRIMARY  ELECTION  LAW 


AN  ACT  TO  PROVIDE  FOR  THE  HOLDING 
OF  PRIMARY  ELECTIONS  BY  POLITICAL 
PARTIES.  [APPROVED  MARCH  9,  1910, 
AS  AMENDED  AND  IN  FORCE  JULY  1, 
1913.] 

SECTION  1.     WHAT  CANDIDATES  NOMI- 
NATED —  COMMITTEEMEN  —  EXEMPTIONS 

— PROVISO.]  The  nomination  of  all  can- 
didates for  all  elective  State,  congressional, 
county,  city,  and  village  (including  officers 
of  the  municipal  court  of  Chicago),  town 
and  judicial  officers,  members  of  the 
State  Board  of  Equalization,  clerks  of 
the  appellate  courts,  trustees  of  sanitary- 
districts,  township  ^officers  in  townships 
co-extensive  with  ,.  cities,  incorporated 
towns  or  villages,  and  for  the  election 
of  precinct,  ward  and  State  central  com- 
mitteemen,  and  delegates  and  alternate 
delegates  to  national  nominating  conven- 
tions, by  all  political  parties,  as  defined  by 
section  2  of  this  Act,  shall  be  made  in  the 
manner  provided  in  this  act,  and  not 
otherwise:  Provided,  this  Act  shall  not 
apply  to  the  nomination  of  candidates  for 
electors  of  President  and  Vice  President 
of  the  United  States,  and  trustees  of  the 
University  of  Illinois:  And  provided 
further,  that  this  Act  shall  not  apply  to 
school  elections  and  township  elections 
other  than  in  townships  co-extensive  with 
cities,  incorporated  towns  or  villages. 
The  words  "township  officers"  or  "town- 


ship  offices'*  snail  be  construed  when 
used  in  this  Act  to  include  supervisors,  and 
assistant  supervisors.  [As  amended  June 
30,  1913. 

Sec.  2.  POLITICAL  PARTY  DEFINED.] 
A  political  party,  which  at  the  general 
election  for  State  .and  county  officers 
then  next  presiding  a  primary,  polled 
more  than  2  per  cent  of  the  entire  vote 
cast  in  the  State,  is  hereby  declared  to 
be  a  political  party  within  the  State,  and 
shall  nominate  all  candidates  provided 
for  in  this  Act  under  the  provisions 
hereof. 

A  political  party,  which  at  the  general 
election  for  State  and  county  officers 
then  next  preceding  a  primary,  cast 
more  than  2  per  cent  of  the  entire  vote 
cast  within  any  Congressional  district, 
is  hereby  declared  to  be  a  political  party 
within  the  meaning  of  this  Act,  within 
such  Congressional  district,  and  shall 
nominate  its  candidates  for  Representa- 
tive in  Congress  and  for  member  of  the 
State  Board  of  Equalization  within  said 
district,  under  the  provisions  hereof. 

A  political  party,  which  at  the  general 
election  for  State  and  county  officers 
then  next  preceding  a  primary,  cast  more 
than  2  per  cent  of  the  entire  vote  cast 
in  any  county,  is  hereby  declared  to  be 
a  political  party  within  the  meaning  of 
this  Act,  within  said  county,  and  shall 
nominate  all  county  officers  in  said  county 
under  the  provisions  hereof. 

A  political  party,  which  at  the  general 
election  for  city  and  village  officers  then 
next  preceding  a  primary,  cast  more 
than  2  per  cent  of  the  entire  vote  cast 


in  any  city  or  village,  is  hereby  de- 
clared to  be  a  political  party  within  the 
meaning  of  this  Act,  within  said  city  or 
village,  and  shall  nominate  all  city  or 
village  officers  in  said  city  or  village 
under  the  provisions  hereof. 

A  political  party,  which  at  the  gen- 
eral election  for  town  officers  then  next 
preceding  a  primary,  cast  more  than  2 
per  cent  of  the  entire  vote  cast  in  said 
town,  is  hereby  declared  to  be  a  political 
party  within  the  meaning  of  this  Act, 
within  said  town,  and  shall  nominate  all 
town  officers  in  said  town  under  the  pro- 
visions hereof. 

A  political  party,  which  at  the  general 
election  in  any  other  municipality  or 
political  subdivision,  except  townships 
and  school  districts,  for  municipal  or 
other  offices  therein,  then  next  pre- 
ceding a  primary,  cast  more  than  2  per 
cent  of  the  entire  vote  cast  in  such  muni- 
cipality or  political  subdivision,  is  here- 
by declared  to  be  a  political  party  with- 
in the  meaning  of  this  Act,  within  said 
municipality  or  political  subdivision,  and 
shall  nominate  all  municipal  or  other 
officers  therein  under  the  provisions 
hereof. 

Sec.  3.  PARTY  VOTE  —  How  DE- 
TERMINED.] In  determining  the  total 
vote  of  a  political  party,  whenever  re- 
quired by  this  Act,  the  test  shall  be  the 
total  vote  cast  by  such  political  party 
for  its  candidate  who  received  the  greatest 
number  of  votes. 

Sec.  4.  [WORDS  AND  PHRASES,]  The 
following  words  and  phrases  in  this  Act 
shall,  unless  the  same  be  inconsistent  with 
the  context,  be  construed  as  follows : 


1.  The  word  "primary,"  the  primary 
election  provided  for  in  this  Act. 

2.  The    word    "election,"    a    general 
election,  as  distinguished  from  a  special 
election  or  a  primary  election. 

3.  The    word    "precinct,"    a    voting 
district    heretofore    or    hereafter    estab- 
lished by  law  within  which  all  qualified 
electors  vote  at  one  polling  place. 

4.  The  words  "State  office,"  or  "State 
officer,"  an  office  to  be  filled,  or  an  officer 
to  be  voted  for,  by  qualified  electors  of 
the  entire  State,  including  United  States 
Senator  and  Congressman  at  large,  and 
delegates  and  alternate  delegates  at  large 
to  national  nominating  conventions. 

5.  The  words  "  congressional  office," 
or  "congressional  officer,"  representatives 
in   Congress  and  members  of  the  State 
Board     of     Equalization,     delegates     or 
alternate  delegates  to  National   nomina- 
ting conventions,  when  such  delegates  or 
alternate   delegates   are   chosen   by   con- 
gressional districts. 

6.  The    words    "judicial    office"    or 
"judicial  officer,"  judges  of  the  Supreme 
and  circuit  courts  and  judges  of  the  supe- 
rior court  of  Cook  county. 

7.  The     words     "county     office"     or 
"county  officer,"  an  office  to  be  filled  or 
an  officer  to  be  voted  for,  by  the  qualified 
electors   of   the   entire  county,   members 
of  the  board  of  assessors  and  county  com- 
missioners of  Cook  county. 

8.  The  words  "city  office"  and  "village 
office,"    or    "city    officer"    and    "village 
officer,"  an  office  to  be  filled  or  an  officer 
to  be  voted  for  by  the  qualified  electors 


of  the  entire  city  or  village,  as  the  case 
may  be,  including  aldermen. 

9.  The  words  "town  office"  or  "town 
officer,"  an  office  to  be  filled  or  an  officer 
to  be  voted  for  by  the  qualified  electors 
of  an  entire  town. 

10.  The  word  "town,"  as  used  in  this 
Act,  shall  be  construed  to  mean  an  in- 
corporated   town.        [As   amended   June 
30,  1913. 

Sec.  5.  POLLING  PLACES.]  The  pri- 
mary herein  provided  for  shall  be  held 
at  the  regular  polling  places  now  estab- 
lished, or  which  may  hereafter  be  establish- 
ed, for  the  purposes  of  a  general  election. 

Sec.  6.  DATES  OF  PRIMARIES — HOURS.] 
A  primary  shall  be  held  on  the  second 
Tuesday  in  April  in  every  year  in  which  a 
President  of  the  United  States  is  to  be 
elected,  for  the  purpose  of  electing  dele- 
gates and  alternate  delegates  to  National 
nominating  conventions  and  for  the  pur- 
pose of  securing  an  expression  of  the  senti- 
ment and  will  of  the  party  voters  with 
respect  to  candidates  for  nominations  for 
the  office  of  President  of  the  United 
States.  A  primary  shall  be  held  on  the 
first  Wednesday  after  the  second  Tues- 
day in  September  in  every  year  in  which 
officers  are  to  be  voted  for  on  the  first 
Tuesday  after  the  first  Monday  in  Novem- 
ber of  such  year  for  the  nomination  of 
candidates  for  such  offices  as  are  to  be 
voted  for  at  such  November  election. 
Whenever  in  this  Act  the  term  "April 
primary"  or  equivalent  words  shall  appear 
such  term  or  such  words  shall  be  con- 
strued to  refer  to  and  include  the  primary 


to  be  held  on  the  first  Wednesday  after 
the  second  Tuesday  in  September  as  well 
as  to  the  primary  to  be  held  on  the  second 
Tuesday  in  April. 

A  primary  shall  be  held  on  the  last 
Tuesday  in  February  in  each  year  for  the 
nomination  of  such  officers  as  are  to  be 
voted  for  on  the  first  Tuesday  in  April 
of  such  year. 

A  primary  shall  be  held  on  the  second 
Tuesday  in  March  in  each  year  for  the 
nomination  of  such  officers  as  are  to  be 
voted  for  on  the  third  Tuesday  in  April  of 
such  year. 

A  primary  for  the  nomination  for  all 
other  officers,  nominations  for  which  are 
required  to  be  made  under  the  provisions 
of  this  Act,  shall  be  held  three  weeks  pre- 
ceding the  date  of  the  general  election  for 
such  offices  respectively. 

The  polls  shall  be  open  from  6:00  o'clock 
a.  m.  to  5:00  o'clock  p.  m.  [As  amended 
June  20,  1913. 

Sec.  7.  VOTER'S  LEAVE  OF  AB- 
SENCE.] Any  person  entitled  to  vote 
at  such  primary  shall,  on  the  day  of  such 
primary,  be  entitled  to  absent  himself 
from  any  service  or  employment  in 
which  he  is  then  engaged  or  employed 
for  a  period  of  two  hours  between  the 
time  of  opening  and  closing  the  polls, 
and  such  primary  elector  shall  not,  be- 
cause of  so  absenting  himself,  be  liable  to 
any  penalty  nor  shall  any  deduction  be 
made  on  account  of  such  absence  from 
his  usual  salary  or  wages:  Provided, 
however,  that  applications  for  such  leave 
of  absence  shall  be  made  prior  to  the 


day  of  primary.  The  employer  may 
specify  the  hours  during  which  said  em- 
ployee may  absent  himself. 

Sec.  8.  COMMITTEES  —  CENTRAL  OR 
MANAGING — EXCEPTIONS.]  The  follow- 
ing committees  shall  constitute  the  central 
or  managing  committees  of  each  political 
party,  viz:  A  State  central  committee, 
a  congressional  committee  for  each  con- 
gressional district,  a  county  central  com- 
mittee for  each  county,  a  city  central  com- 
mittee for  each  city  or  village,  a  precinct 
committee  for  each  precinct,  except  pre- 
cincts within  the  limits  of  incorporated 
cities  or  villages  having  a  population  of 
two  hundred  thousand  (200,000)  or  over; 
and  a  ward  committee  for  each  ward  in 
such  cities  or  villages  having  a  population 
of  two  hundred  thousand  or  over;  Provid- 
ed, however,  that  nothing  contained  here- 
in shall  prevent  a  political  party  from 
electing  or  appointing  in  accordance  with 
its  practice  other  committees.  [As 
amended  June  30,  1913. 

Sec.  9.  COMMITTEES — COMPOSITION 
ORGANIZATION — POWERS,  ETC.] 

(1)  STATE  CENTRAL  COMMITTEE.] 
The  State  central  committee  shall  be  com- 
posed of  one  member  from  each  congres- 
sional district  in  the  State  and  shall  be 
elected  as  follows : 

At  the  September  primary  held  in  the 
year  A.  D.  1910,  and  at  the  April  primary 
held  every  two  years  thereafter,  each  pri- 
mary elector  may  vote  for  one  candidate 
of  his  party  for  member  of  the  State  cen- 
tral committee  for  the  congressional  dis- 
trict in  which  he  resides.  The  State  cen- 
tral committee  of  each  political  party 


shall  be  composed  of  members  elected 
from  the  several  Congressional  districts 
of  the  State,  as  herein  provided,  and  of  no 
other  person  or  persons  whomsoever. 
The  members  of  the  State  central  com- 
mittee shall,  within  thirty  days  after  their 
election,  meet  in  the  city  of  Springfield 
and  organize  by  electing  from  among 
their  own  number  a  chairman,  and  may  at 
such  time  elect  such  officers  from  among 
their  own  number  or  otherwise,  as  they 
may  deem  necessary  or  expedient.  The 
outgoing  chairman  of  the  State  central 
committee  of  the  party  shall,  ten  days 
before  the  meeting,  notify  each  member  of 
the  State  central  committee  elected  at  the 
primary  of  the  time  and  place  of  such  meet- 
ing. 

(2)  PRECINCT  COMMITTEEMAN — TIE 
VOTE.]  At  the  September  primary  held 
in  September,  A.  D.  1910,  and  at  the  April 
primary  held  every  two  years  thereafter, 
each  primary  elector  may  write  or  attach 
in  the  space  left  on  the  primary  ballot 
for  that  purpose  the  name  of  one  qualified 
elector  of  his  party  in  the  precinct  for 
member  of  his  political  party  precinct 
committee.  The  one  having  the  highest 
number  of  votes  shall  be  such  committee- 
man  of  such  party  for  such  precinct.  In 
case  of  a  tie  the  primary  judges  shall  cast 
lots.  The  official  returns  of  the  primary 
judges  shall  show  the  name  and  address  of 
the  committeemen  of  each  political  party 
in  the  county:  Provided,  however,  the 
provisions  of  this  sub-section  two  (2)  of 
section  nine  (9)  shall  not  apply  to  pre- 
cincts within  the  territorial  limits  of  an 
incorporated  city  or  village  having  a 
population  of  two  hundred  thousand  or 
over. 

8 


(3)  COUNTY  CENTRAL  COMMITTEE — 
VOTE.]       The  county  central  committee 
of  each  political  party  shall  consist  of  the 
members  of  various  precinct  committees 
and  ward  committees,  if  any,  of  such  party 
in  the  county.     In  the  organization,  and 
proceedings  of  the  county  central  com- 
mittee each  precinct  committeeman  shall 
have  one  vote  and  one  additional  vote 
for   each    fifty   votes   or   major   fraction 
thereof  of  his  party  cast  in  his  precinct  for 
Governor  at  the  last  general  election ;  and 
each  ward  committeeman  shall  have  one 
vote  for  each  precinct  in  his  ward  and  one 
additional  vote  for  each   fifty  votes   or 
major  fraction  thereof  of  his  party  cast  in 
each  precinct  of  his  ward  for  Governor  at 
the  last  general  election. 

(4)  CONGRESSIONAL    COMMITTEE  - 
EXCEPTIONS.]       The   congressional   com: 
rm'ttee   of   each    political   party  shall  be 
composed  of  the  chairman  of  the  county 
central  committees  of  the  counties  com- 
posing the  congressional  district,  except- 
ing that  in  congressional  districts  wholly 
within  the  territorial  limits  of  one  county, 
or  wholly  within  the  territorial  limits  of 
one  county  and  partly  within  the  territorial 
limits  of  another  county,  then  the  mem- 
bers of  the  precinct  committees   of   the 
party  residing  within  the  limits   of   the 
congressional   district  shall  compose  the 
congressional       committee:          Provided, 
however,    that    in    congressional    districts 
wholly  within  the  territorial  limits  of  an 
incorporated    city    or    village    having    a 
population  of  two  hundred  thousand  or 
over,  or  partly  within  the  limits  of  such 
city  or  village   and   partly   without   the 
limits  of  such  city  or  village,  then  the 
members  of  the  precinct  and  ward  com- 


mittees  of  the  party  of  the  precincts  and 
wards  within  the  limits  of  the  congression- 
al district  shall  compose  the  congressional 
committee. 

In  the  organization  and  proceedings  of 
congressional  committees,  composed  in 
whole  or  in  part  of  precinct  committee- 
men,  each  precinct  committeeman  shall 
have  one  vote  and  one  additional  vote  for 
each  fifty  votes  or  major  fraction  thereof 
of  his  party  cast  in  his  precinct  for  Gover^ 
nor  at  the  last  general  election,  and  in  tli 
organization  and  proceedings  of  congres 
sional  committees  composed  in  whole  or 
in  part  of  ward  committeemen,  each  ward 
committeeman  shall  have  one  vote  for 
each  precinct  in  his  ward  and  one  ad- 
ditional vote  for  each  fifty  votes  or  major 
fraction  thereof  of  his  party  as  cast  in 
each  precinct  of  his  ward  located  in  such 
congressional  district  for  Governor  at  the 
last  general  election. 

(5)  CITY  CENTRAL  COMMITTEE  - 
EXCEPTIONS.]  The  city  central  committee 
of  each  political  party  shall  be  composed 
of  the  precinct  committeemen  of  such 
party  residing  in  such  city,  excepting 
that  in  incorporated  cities  or  villages 
having  a  population  of  two  hundred 
thousand  or  over,  then  the  city  central 
committee  shall  be  composed  of  the  ward 
committeemen  residing  within  the  ter- 
ritorial limits  of  such  city  or  village, 
which  said  ward  committeemen  shall  be 
elected  at  large  in  their  respective  wards. 

The  word  "ward"  in  this  section  shall 
be  construed  to  mean  a  division  for  which 
aldermen  are  elected  in  such  last  men- 
tioned cities  or  villages. 

10 


(6)  POWERS  AND  DUTIES.]    Each  com- 
mitte  and  its  officers  shall  have  the  powers 
usually  exercised  by  such  committees  and 
by  the  officers  thereof,  not  inconsistent 
with  the  provisions  of  this  Act.       The 
several   committees   herein   provided   for 
shall  not  have  power  to  delegate  any  of 
their  powers  or  functions  to  any  other 
person,    officer    or    committee,    but    this 
shall  not  be  construed  to  prevent  a  com- 
mitte  from  appointing  from  its  own  mem- 
bership  proper   and   necessary   sub-com- 
mittees,   and    particularly    defining,    by 
resolution,   the  duties  of  such  sub-com- 
mittees. 

(7)  EXISTING    PARTY    COMMITTEES 
RECOGNIZED.]        The    various    political 
party   committees   now  in   existence   are 
hereby  recognized  and  sTiall  exercise  the 
powers    and   perform    the    duties    herein 
prescribed  until  committeemen  are  chosen, 
in  accordance  with  the  provisions  of  this 
Act.     [As  amended  June  30   1913. 

Sec.  10.  CONVENTION  DATES  —  OR- 
GANIZATION— DELEGATES — CALL  ETC.] 

(a)  COUNTY  CONVENTIONS.]  On  the 
first  Monday  next  succeeding  the  April 
primary,  the  county  central  committee 
of  each  political  party  shall  meet  at  the 
county  seat  of  the  proper  county  and  pro- 
ceed to  organize  by  electing  from  its  own 
number  a  chairman,  and  either  from  its 
own  number,  or  otherwise,  such  other 
officers  as  said  committee  may  deem 
necessary  or  expedient.  Such  meeting 
of  the  county  central  committee  shall  be 
known  as  the  county  convention.  The 
county  convention  of  each  political  party 
shall  choose  delegates  to  the  congressional 

11 


and  State  convention  of  its  party:  Pro- 
vided, only  precinct  and  ward  committee- 
men  of  the  respective  precincts  and  wards 
within  the  limits  of  a  congressional  dis- 
trict shall  participate  in  the  selection  of 
delegates  to  a  congressional  convention: 
And,  provided,  further,  that  in  the  county 
convention  that  each  of  such  precinct 
committeemen  in  the  county  convention 
shall  have  one  vote  and  one  additional 
vote  for  each  fifty  votes  or  major  fraction 
thereof  of  his  party  -cast  in  his  percinct  for 
Governor  at  the  last  general  election  and 
that  each  of  such  ward  committeemen 
shall  have  one  vote  for  each  precinct  in 
his  ward  and  one  additional  vote  for  each 
fifty  votes  or  major  fraction  thereof  of  his 
party  cast  in  each  precinct  of  his  ward, 
for  Governor  at  the  last  general  election. 

(b)  CONGRESSIONAL    CONVENTIONS.] 
All    congressional    conventions    shall    be 
held  on  the  first  Wednesday  after  the  first 
Monday  next  succeeding  the  April  pri- 
mary.   The   congressional   convention    of 
each  political  party  shall  have  power  to 
choose  and  select  delegates  and  alternate 
delegates    to    National    nominating    con- 
ventions, and  to  recommend  to  the  State 
convention  of  'its  party  the  nomination  of 
candidate  or  candidates  from  such  con- 
gressional district  for  elector  or  electors  of 
President    and    Vice     President    of    the 
United  States. 

(c)  [STATE  CONVENTIONS.]     All  State 
conventions  shall  be  held  on  the  first  Fri- 
day after  the  first  Monday  next  succeed- 
ing the  April  primary.     The  State  con- 
vention of  each  political  party  shall^  have 

Eower  to  make  nominations  of  candidates 
:>r   the   electors   of    President   and    Vice 

12 


President  of  the  United  States  and  for 
trustees  of  the  University  of  Illinois,  and 
to  adopt  any  party  platform. 

(d)  FUNCTIONS    OF    CONVENTIONS.] 
Each  convention  may  perform  all  other 
functions  inherent  to  such  political  organi- 
zation and  not  inconsistent  with  this  Act. 

(e)  CALLS,  FOR  CONVENTIONS — FIL- 
ING— FORM.]     At   least   thirty-three    (33) 
days  before  the  April  primary  the  State 
and  congressional  committee,  respectively, 
of  each  political  party  shall  file  in  the 
office  of  the  county  clerk  in  each  county  of 
the  State,  or  in  each  county  of  the  con- 
gressional district,  a  call  for  the  State  and 
congressional     conventions.          Said  call 
shall  state,  among  other  things,  the  time 
and   place    (designating   the   building   or 
hall)  for  holding  the  State  and  congres- 
sional conventions,  respectively,  the  total 
number  of  delegates  which  shall  compose 
each  of  said  conventions,  and  the  call  for 
State  conventions  shall  state,  among  other 
things,  the  number  of  delegates  to  which 
each  county  is  entitled  in  the  State  con- 
vention, and  the  call  for  the  congressional 
convention     shall     state,     among     other 
things,  the  number  of  delegates  to  which 
each  county  or  political  subdivision  of  any 
county,  as  the  case  may  be,  is  entitled  to 
in  the  congressional  convention.       Such 
call  shall  be  signed  by  the  chairman  and 
attested  by  the  secretary  of  the  respective 
committees.     [As  amended  June  30,  1913. 

Sec.  11.  ALDERMEN  UNDER  MINOR- 
ITY REPRESENTATION.]  In  cities  which 
have  adopted  minority  representation 
in  the  city  council,  the  city  central  com- 
mittee shall,  at  least  thirty  (30)  days 

13 


prior  to  the  date  of  the  primary,  by 
resolution,  fix  and  determine  the  number 
of  candidates  for  alderman  in  such  of  the 
wards  of  their  city  to  be  nominated  by 
their  party  at  the  primary  for  the  nomi- 
nation of  candidates  for  city  offices. 

A  copy  of  said  resolutions,  duly  certi- 
fied by  the  chairman  and  attested  by  the 
secretary,  shall,  within  two  days  there- 
after, be  filed  in  the  office  of  the  city 
clerk. 

In  all  primaries  for  the  nomination  .of 
candidates  for  alderman  under  minor- 
ity representation,  each  qualified  (minor- 
ity) elector  may  cast  as  many  votes  for 
one  candidate  as  there  are  candidates  to 
be  nominated,  or  may  distribute  the 
same,  or  equal  parts  thereof,  among  the 
candidates  for  .nomination  as  he  shall 
see  fit,  and  the  candidate  for  nomination 
highest  in  votes  shall  be  declared  nomi- 
nated. 

Sec.  12.  NOTICE  OF  PRIMARY  - 
DUTY  OF  CLERKS.]  At  least  twenty  (20) 
days  „  before  each  primary  the  county 
clerk  of  each  county,  or  the  city,  village 
or  town  or  other  clerk,  whose  duty  it  is  to 
give  notice  of  general  elections  under  the 
general  election  laws  of  this  State,  for  the 
election'  of  officers  whose  nomination 
is  required  to  be  made  under  the  pro- 
visions of  this  Act,  shall  prepare  in  the 
manner  provided  in  the  general  election 
laws  of  this  State,  a  notice  of  such  pri- 
mary, which  notice  shall  state  the  time 
and  place  of  holding  the  primary,  the 
hours  during  which  the  polls  will  be  open, 
the  offices  for  which  candidates  will  be 
nominated  at  such  primary  and  the 
political  parties  entitled  to  participate 

14 


therein.  Such  notices  shall  be  posted  at 
least  fifteen  (15)  days  prior  to  the  primary 
by  the  same  authorities  and  in  the  same 
manner  as  notices  of  election  under  the 
general  election  laws  are  required  to  be 
posted. 

Sec.  13.  JUDGES  OF  PRIMARY.]  The 
judges  of  general  elections  for  State  and 
county  officers,  for  city  and  village 
officers  and  for  town  and  other  munici- 
pal officers,  are  hereby  constituted  re- 
spectively the  judges  of  primary  elections 
in  their  respective  precincts,  under  the 
provisions  of  this  Act. 

Sec.  14.       JUDGES  HOLD  OVER.]    It  is 

hereby  made  the  duty  of  the  respective 
judges  of  general  elections  to  act  as 
judges  of  primary  elections  in  their 
respective  precincts  until  their  succes- 
sors, as  judges  of  general  elections,  are 
duly  appointed  and  qualified. 

Sec.  15.  JUDGES  ABSENT,  ETC. — VA- 
CANCIES.] If,  at  the  time  for  opening  of 
a  primary,  one  of  the  primary  judges 
be  absent,  or  refuse  to  act,  the  judges 
present  shall  appoint  some  qualified  pri- 
mary elector  of  the  precinct  to  act  in  his 
place.  If  two  of  the  primary  judges  be 
absent  or  refuse  to  act,  the  judges  present 
shall  fill  the  vacancies  in  the  same  man- 
ner, as  above  provided.  If  all  three 
of  the  primary  judges  be  absent,  or  re- 
fuse to  act,  the  primary  electors  present, 
who  reside  in  the  precinct,  shall  select 
three  of  their  number  to  act  as  primary 
judges.  The  judges  so  selected  and  ap- 
pointed shall  take  the  same  oath,  have 
the  same  powers,  and  perform  the  same 
duties  and  be  subject  to  the  same  penal- 

15 


ties    as     regularly     constituted    election 
judges. 

Sec.  16.  CLERKS  OF  PRIMARY.]  The 
primary  judges  in  each  precinct,  except 
in  cities  having  a  board  of  election  com- 
missioners, shall  select  three  qualified 
primary  electors  of  said  precinct  to  act 
as  primary  clerks,  who  shall  continue 
to  serve  during  the  pleasure  of  said  pri- 
mary judges  but  no  more  than  two  per- 
sons of  the  same  political  party  shall  be 
chosen  primary  clerks  in  the  same  pre- 
cinct. 

In  cities  having  a  board  of  election 
commissioners,  the  regularly  appointed 
clerks  of  election  shall  act  as  clerks  of 
the  primary  in  their  respective  precincts. 

Sec.  17.  OATH  OF  JUDGES  AND  CLERKS 
— FORM — LIABILITY.]  Previous  to  any 
vote  being  taken,  the  primary  judges  and 
clerks  shall  severally  subscribe  and  take 
an  oath  or  affirmation  in  the  following 
-  form,  to  wit: 

"I  do  solemnly  swear  (or  affirm,  as 
the  case  may  be),  that  I  will  support  the 
Constitution  of  the  United  States  and 
the  Constitution  of  the  State  of  Illinois, 
and  will  faithfully  and  honestly  dis- 
charge the  duties  of  primary  judge  (or 
clerk,  as  the  case  may  be),  according  to 
the  best  of  my  ability,  and  that  I  have 
resided  in  this  State  for  one  year,  in  this 
county  for  ninety  days,  and  in  this  pre- 
cinct thirty  days  next  preceding  this  pri- 
mary, and  am  entitled  to  vote  at  this 
primary." 

All  persons  subscribing  the  oath  as 
aforesaid,  and  all  persons  actually  serv- 

16 


ing  as  primary  judges  and  clerks,  whether 
sworn  or  not,  shall  be  deemed  to  be 
and  are  hereby  declared  to  be  officers  of 
the  county  court  of  their  respective 
counties;  and  such  persons  shall  be  liable1 
to  punishment  by  such  court  in  a  pro- 
ceeding for  contempt  for  any  misbehavior 
as  such  primary  judges  or  clerks,  to  be 
tried  in  open  court,  on  oral  testimony  in 
a  summary  manner,  without  written 
pleadings,  but  such  trial,  or  punishment 
for  contempt  of  court,  shall  not  be  any 
bar  to  any  criminal  proceedings  against 
such  primary  judges  or  clerks  for  any 
violation  of  this  Act. 

Sec.  18.  OATH  OF  JUDGES  AND 
CLERKS  —  ADMINISTRATIONS.]  in  case 
there  shall  be  no  justice  of  the  peace  or 
notary  public  present  at  the  opening  of  a 
primary,  or  in  case  such  justice  of  the 
peace  or  notary  public  shall  be  appointed 
one  of  the  primary  judges  or  clerks,  it 
shall  be  lawful  for  the  primary  judges  to 
administer  the  oath  or  affirmation  to  each 
ether,  and  to  the  primary  clerks. 

Sec.  19.  JUDGES  AND  CLERKS — 
POWERS  AND  DUTIES.]  The  primary 
judges,  and  clerks,  except  as  otherwise 
provided  in  this  Act,  shall  perform  the 
same  duties,  have  the  same  powers,  and 
be  subject  to  the  same  penalties  as  judges 
and  clerks  of  general  elections,  under  the 
election  laws  of  this  State. 

Sec.  20.  JUDGES  AND  CLERKS — PAY.] 
Primary  judges  and  clerks  shall  receive 
the  same  pay,  and  shall  be  paid  by  the 
same  authorities  and  in  the  same  man- 
ner as  judges  and  clerks  under  the  election 
laws  of  this  State. 

17 


Sec.  21.  CHALLENGERS.]  The  candi- 
date or  candidates  of  each  party  may  ap- 
point, in  writing,  over  his  or  their  signa- 
tuie,  two  party  agents  or  representatives, 
who  shall  act  as  challengers  or  watchers 
for  such  respective  candidate  or  candidates 
in  each  precinct.  Such  challengers  or 
watchers  shall  be  protected  in  the  dis- 
charge of  their  duties  by  the  primary 
judges  and  peace  officers  and  shall  be  per- 
mitted to  remain  within  the  polling  place 
in  such  position  as  will  enable  them  to  see 
each  person  as  he  offers  his  vote,  and  said , 
challengers  or  watchers  may  remain  within 
the  polling  place  throughout  the  canvass 
of  the  vote  in  such  position  as  will  enable 
them  to  see  the  said  canvass  and  until  the 
returns  are  signed.  All  challengers  or 
watchers  shall  be  qualified  primary  elec- 
tors residing  within  their  respective  wards, 
senatorial  or  congressional  districts,  and 
shall  have  the  same  power  as  challengers 
at  general  elections.  [As  amended  May 
27,  1912. 

Sec.  22.  BOOTHS  —  ELECTIONEER] NG 
PROHIBITED,]  All  officers  upon  whom 
is  imposed  by  law  the  duty  of  designa- 
ting and  providing  polling  places  for 
general  elections,  shall  provide  in  each 
such  polling  place  so  designated  and 
provided,  a  sufficient  number  of  booths 
for  such  primary  election,  which  booths 
shall  be  provided  with  shelves,  such 
supplies  and  pencils  as  will  enable  the 
voter  to  prepare  his  ballot  for  voting  and 
in  which  voters  may  prepare  their  bal- 
lots screened  from  all  observation  as  to 
the  manner  in  which  they  do  so,  and  the 
guard  rail  shall  be  so  constructed  and 
placed  that  only  such  persons  as  are  in- 

18 


side  said  rail  can  approach,  within  six 
feet  of  the  ballot  box  and  of  such  voting 
booths.  The  arrangement  shall  be  such 
that  the  voting  booths  can  only  be  reached 
by  passing  within  said  rail.  Such  booths 
shall  be  within  plain  view  of  the  election 
officers  and  both  they  and  the  ballot  boxes 
shall  be  within  plain  view  of  those  outside 
the  guard  rail.  No  person  other  than  the 
election  officers  and  the  challengers  allowed 
by  law  and  those  admitted  for  the  pur- 
pose of  voting,  as  hereinafter  provided, 
shall  be  permitted  within  the  guard  rail, 
except  by  authority  of  the  primary  officers 
to  keep  order  and  enforce  the  law. 

The  number  of  such  voting  booths 
shall  not  be  less  than  one  to  every  seventy- 
five  voters  or  fraction  thereof,  who  voted 
at  the  last  preceding  election  in  the 
precinct  or  election  district. 

No  person  whatever  shall  do  any 
electioneering  or  soliciting  of  votes  on 
primary  day  within  any  poll  ing -pi  ace  or 
within  one  hundred  feet  of  any  polling 
place. 

Sec.  23.  BALLOT  BOXES.]  Primary 
ballot  boxes  shall  be  furnished  by  the 
same  authorities  and  in  the  same  manner 
and  shall  be  of  the  same  style  and  de- 
scription as  ballot  boxes  furnished  for 
the  purpose  of  general  elections,  under 
the  general  election  laws  of  this  State. 

Sec.  24.  SUPPLIES.]  All  necessary, 
primary  poll  books,  tally  sheets,  return 
blanks,  stationery  and  other  necessary 
primary  supplies  shall  be  furnished  by 
the  same  authorities  upon  whom  is  im- 

19 


posed  by  law  the  duty  of  furnishing  such 
supplies  at  general  elections 

Sec.  25.  EXPENSES.]  The  expense  of 
conducting  such  primary,  including  the 
per  diem  of  judges  and  clerks,  furnish- 
ing, warming,  lighting  and  maintaining 
the  polling  place,  and  all  other  expenses 
necessarily  incurred  in  the  preparation 
for  or  conducting  such  primary  shall  be 
paid  in  the  same  manner,  and  by  the  ' 
same  authorities  or  officers  respectively 
as  in  the  case  of  elections. 

Sec.  26.  POLL  BOOKS  —  FORM  —  CER- 
TIFICATES.] The  primary  poll  books 
shall  be  substantially  in  the  following 
form: 

PRIMARY  POLL  BOOKS. 
Of  the  primary  held  in  the  ............  :  ........... 

precinct  of  the  county  of  ...........  .. 

..............  day  of  ......  ..................  A.D 


.on  the 


Resi- 

Party Affiliation 

Name  of  Voter 

dence, 
Street 
and 

i! 

<?o 

P   M 

& 

rf 

Number 

1 

9 

$'* 

1.  John  Jones 

X 

2.  Richard  Smith 

X 

3.  John  Doe 

X 

4.  Richard  Doe 

X 

5.  Charles  Lee 

X 

This  is  to  certify  that  the  above  and 
foregoing    is    a    correct    list    of    primary 

voters  at  a  primary  held  on  the 

day  of A.   D ,  in 

the precinct,  in county 

and  State  of  Illinois.     That  at  said  pri- 
mary the  undersigned  judges  and  clerks 

20 


served   as   required  by  law  and   are  en- 
titled to  pay  therefor. 

Dated....  ....19.... 


Clerks  of  Primary.         Judges  of  Primary. 

^  Said  primary  poll  books  shall  other- 
wise be  in  form  and  shall  contain  the 
same  certificates  as  nearly  as  may  be  as 
the  poll  books  used  in  the  regular  election 
and  shall  be  signed  and  attested  in  the 
same  manner,  as  nearly  as  may  be,  as 
the  poll  books  used  for  the  purpose  of 
regular  elections. 

Sec.  27.  TALLY  SHEETS— FORM.]  The 
tally  sheets  for  each  political  party  par- 
ticipating in  the  primary  election  shall  be 
substantially  in  the  following  form: 

"Tally  sheets  for (name  of  political 

party)  for  the precinct,  in  the  county 

of ,  for  a  primary  held  on  the 

day  of ,  A.  D " 

The  names  of  candidates  for  nomination 
and  for  State  central  committeemen,  and 
precinct  or  ward  committeemen,  and  dele- 
gate and  alternate  delegate  to  National 
nominating  conventions,  shall  be  placed  on 
the  tally  sheets  of  each  political  party  by 
the  primary  clerks  in  the  order  in  which 
they  appear  on  the  ballot.  [As  amended 
June  30,  1913. 

Sec.  28.  PETITION  —  FORM  —  RE- 
VOCATION— FORGERY — NUMBER  OF  SIGN- 
ERS.] The  name  of  no  candidate  for  nomi- 
nation, or  State  central  committeemen,  or 
ward  committeeman,  or  candidate  for 

21 


delegate  or  alternate  delegate  to  National 
nominating  conventions,  shall  be  printed 
upon  the  primary  ballot  unless  a  petition 
for  nomination  shall  have  been  filed  in  his 
behalf  as  provided  in  this  Act  in  sub- 
stantially the  following  form : 

We,  the  undersigned,  members  of  and 
affiliated  with  the party  and  quali- 
fied primary  electors  of  said party, 

in  the of ,  in  the  county 

of and  State  of  Illinois,  do  hereby 

petition  that  the  following  named  person 
or  persons  shall  be  a  candidate  or  candi- 
dates of  the ...party  for  the  nomina- 
tion for  the  office  or  offices  hereinafter 
specified,  to  be  voted  for  at  the  primary 

election  held  on  the day  of.... 

A.  D.  .. 


Name 

Office 

Address 

John  Jones  .... 
Thomas  Smith. 

Governor  
Attorney  General  . 

Belvidere,  111. 
Oakland,  111. 

Name Address 

STATE  OF  ILLINOIS, 


County,  /ss* 

.1,   ,  do  hereby  certify  that  I 

am   upwards   of   the   age   of   twenty-one 

years,  that  I  reside  at  No street, 

in  the of county  of 

and   State  of  Illinois,  and  that 

the  signatures  on  this  sheet  were  signed  in 
my  presence,  and  are  genuine,  and  that  to 
the  best  of  my  knowledge  and  belief  the 
persons  so  signing  were  at  the  time  of 
signing  said  petitions  qualified  voters  of 
the party,  and  that  their  respec- 

22 


tive   residences   are   correctly   stated,    as 
above  set  forth. 


Subscribed  and  sworn  to  before  me  this 
day  of ,  A.  D 


Such  petitions  shall  consist  of  sheets  of 
uniform  size,  and  each  sheet  shall  contain 
above  the  space  for  signatures  an  appro- 
priate heading  giving  the  information  as  to 
name  of  candidate  or  candidates,  in  whose 
behalf. such  petition  is  signed,  the  office,  the 
political  party  represented,  place  of  resi- 
dence, and  such  other  information  or 
wording  as  required  to  make  the  same 
valid ;  and  the  heading  of  each  sheet  shall 
be  the  same.  Such  petition  shall  be  signed 
by  qualified  primary  electors  residing  in 
the  political  division  for  which  the  nomina- 
tion is  sought  in  their  own  proper  persons 
only,  and  opposite  the  signature  of  each 
signer,  his  residence  address  shall  be  writ- 
ten (and  if  a  resident  of  a  city  having  a 
population  of  over  10,000  by  the  then  last 
preceding  federal  census,  the  street  num- 
ber of  such  residence  shall  be  given).  At 
the  bottom  of  each  sheet  of  such  petition 
shall  be  added  a  statement,  signed  by  an 
adult  resident  of  the  political  division  for 
which  the  candidate  is  seeking  a  nomina- 
tion, stating' his  residence  address  (  and  if  a 
resident  of  a  city  having  a  population  of 
over  10,000  by  the  then  last  preceding 
federal  census,  also  stating  the  street  and 
number  of  such  residence)  certifying  that 
the  signatures  on  that  sheet  of  said  peti- 
tion were  signed  in  his  presence,  and  are 
genuine,  and  that  to  the  best  of  his  know- 
ledge and  belief  the  persons  so  signing 

23 


were  at  the  time  of  signing  said  petitions 
qualified  voters  of  the  political  party  for  - 
which  a  nomination  is  sought.  Such 
statement  shall  be  sworn  to  before  some 
officer  of  the  county  in  which  the  person 
making  such  statement  resides,  authorized 
to  administer  the  oaths  therein.  Such 
sheets  before  being  filed,  shall  be  neatly 
fastened  together  in  book  form,  by  placing 
the  sheets  in  a  pile  and  fastening  them  to- 
gether at  one  edge  in  a  secure  and  suitable 
manner,  and  the  sheets  shall  then  be 
numbered  consecutively.  The  sheets 
shall  not  be  fastened  by  pasting  them  to- 
gether end  to  end,  so  as  to  form  a  continu- 
ous strip  or  roll.  Said  petition,  when 
filed,  shall  not  be  withdrawn  or  added  to, 
and  no  signatures  shall  be  revoked  except 
by  revocation  filed  in  writing  with  the 
clerk  or  other  proper  officer  with  whom  the 
petition  is  required  to  be  filed,  and  before 
the  filing  of  such  petition.  Whoever,  in 
making  the  sworn  statement  above  pre- 
scribed, shall  knowingly,  wilfully,  and 
corruptly  swear  falsely,  shall  be  deemed 
guilty  of  perjury,  and  on  conviction 
thereof,  shall  be  punished  accordingly. 
Whoever  forges  the  name  of  a  signer  upon 
any  petition  required  by  this  Act,  shall  be 
deemed  guilty  of  a  forgery,  and  on  con- 
viction thereof,  shall  be  punished  accord- 
ingly. 

Petitions  of  candidates  for  nominations 
for  offices  herein  specified,  to  be  filed  with 
the  same  officer,  may  contain  the  names  of 
two  or  more  candidates  of  the  same  politi- 
cal party  for  the  same  or  different  offices. 

Such  petitions  for  nominations  shall  be 
signed : 

(a)  STATE  OFFICE.]  If  for  a  State 
office,  by  not  less  than  one  thousand 

24 


(1,000)    nor    more    than     two     thousand 
(2,000)  primary  electors  of  his  party. 

(b)  CONGRESSIONAL  OFFICE.]     If  for 
a  congressional  office,  by  at  least  one-half 
of  one  per  cent  of  the  qualified  primary 
electors  of  his  party  in  his  congressional 
district,  as  the  case  may  be. 

(c)  JUDICIAL  OFFICE.]     If  for  a  judicial 
office,  by  at  least  one-half  of  one  per  cent 
of  the  qualified  primary  electors  of  .his 
party  in  the  district  or  division  for  which 
the  nomination  is  made. 

,(d)  COUNTY  OFFICE.]  If  for  a  county 
office,  by  at  least  one-half  of  one  per  cent* 
of  the  qualified  electors  of  his  party  cast 
at  the  last  preceding  general  election  in  his 
county:  Provided,  that  if  for  the  nomina- 
tion for  county  commissioner  of  Cook 
county,  then  by  at  least  one-half  of  one 
per  cent  of  the  qualified  primary  electors 
of  his  party  in  his  county  in  the  district 
or  division  in  which  such  person  is  a  can- 
didate for  nomination. 

(e)  CITY  OR  VILLAGE  OFFICE.]     If  for 
a  city  or  village  office  to  be  filled  by  the 
electors  of  the  entire  city  or  village,  by  at 
least  one -half  of  one  per  cent  of  the  quali- 
fied primary  electors  of  his  party  in  his 
city  or  village;  if  for  alderman,  by  at  least 
one-half  of  one  per  cent  of  the  voters  of  his 
party  of  his  ward. 

(f)  STATE  CENTRAL  COMMITTEEMEN.] 
If  for  State  central  committeeman,  by  at 
least  one  hundred   (100)  of  the  primary 
electors  of  his  party  of  his  congressional 
district. 

(g)  TRUSTEE  OF  SANITARY  DISTRICT.] 
If  for  a  candidate  for  trustee  of  a  sanitary 

25 


j> 

H 


district,  by  at  least  one-half  of  one  per 
cent  of  the  primary  electors  of  his  party, 
from  such  sanitary  district. 

(h)  CLERK  OF  APPELLATE  COURT.] 
for  a  candidate  for  clerk  of  the  appellate 
court,  by  at  least  one-half  of  one  per  cent 
of  the  primary  electors  of  his  party  of  the 
district. 

(i)  WARD  COMMITTEEMAN.]  If  for  a 
candidate  for  ward  committeeman,  by  at 
least  one-half  of  one  per  cent  of  the  pri- 
mary electors  of  his  party  of  his  ward. 

(j)  OTHER  OFFICES.]  If  for  any  other 
office,  by  at  least  ten  (10)  primary  electors 
of  his  party  of  the  district  or  division  for 
which  nomination  is  made.  [As  amended 
June  30,  1913. 

Sec.  29.  PRESIDENT — U.  S.  SENATOR — 
PETIIION — ADVISORY  VOTE.]  Any  can- 
didate fot  President  of  the  United  States 
may  have  his  name  printed  upon  the  pri- 
mary ballot  of  his  political  party  by  filing 
in  the  office  of  the  Secretary  of  State  not 
less  than  forty  (40)  days  prior  to  the  date 
of  the  April  primary,  in  any  year,  a  peti- 
tion signed  by  not  less  than  three  thousand 
(3,000)  nor  more  than  five  thousand 
(5,000)  primary  electors,  members  of  and 
affiliated  with  the  party  of  which  he  is  a 
candidate,  and  no  candidate  for  President 
of  the  "United  States,  who  fails  to  comply 
with  the  provisions  of  this  Act  shall  have 
his  name  printed  upon  any  primary  ballot : 
Provided,  that  the  vote  for  President  of 
the  United  States,  as  herein  provided  for, 
shall  be  for  the  sole  purpose  of  securing 
an  expression  of  the  sentiment  and  will  of 
the  party  voters  with  respect  to  candidates 
for  nomination  for  said  office,  and  the  vote 
of  the  State  at  large  shall  be  taken  and 

26 


onsidered  as  advisory  to  the  delegates 
nd  alternates  at  large  to  the  National 
onventions  of  respective  political  parties, 
nd  the  vote  of  the  respective  congression- 

districts  shall  be  taken  and  considered 
advisory  to  the  delegates  and  alter- 
ates  of  said  congressional  districts  to  the 
'ational  conventions  of  the  respective 
olitical  parties.  [As  amended  June  30, 
913.* 

Sec.  30.  PETITION — FILING— WITH- 
RAWAL.]  All  petitions  for  nominations 
lall  be  filed  as  follows: 

1.  STATE     OR     DISTRICT     OFFICE.] 
Vhere  the  nomination  is  to  be  made  for  a 
tate,  congressional,  judicial  or  appellate 
ourt  office,  or  for  any  office  a  nomination 

which  is  made  a  territorial  division 
r  district  which  comprises  more  than  one 
ounty  or  is  partly  in  one  county  and  part- 
y  in  another  county  or  counties,  then 
uch  petition  for  nomination  shall  be  filed 
n  the  office  of  the  Secretary  of  State  not 
lore  than  sixty  (60)  and  not  less  than 
orty  (40)  days  prior  to  the  date  of  the 
rimary. 

2.  COUNTY  OFFICE — SANITARY  TRUS- 
EES — EXCEPTION.]      Where  the  nomina- 
on  is  to  be  made  for  a  county  office,  trus- 
3e  of  a  sanitary  district  (except  clerk  of 
le  appellate  court  of  the  first  district) 
r  ward  committeeman,  then  such   peti- 
on  shall  be  filed  in  the  office  of  the  county 
^erk  not  more  than  sixty   (60)  nor  less 
lan  forty  (40)  days  prior  to  the  date  of 
le  primary. 

'NOTE — Two  acts  were  passed  by  the  Forty- 
ghth  General  Assembly,  amending  Section  29  of 
ic  General  Primary  Law.  The  above  section  was 
mtained  in  House  Bill  No.  834.  See  Laws  of 
913,  p.  310.  The  other  amendment  will  be  found 
n  page  73. 

27 


3.  CITY  OR  VILLAGE  OFFICE.]    Wher 
the  nomination  is  to  be  made  for  an  offic 
to  be  filled  by  the  electors  of  an  entire  cit 
or  village,  including  alderman,  such  pet 
tions  for  nomination  shall  be  filed  in  th 
office  of  the  city  or  village  clerk  not  mor 
than  thirty  (30)  not  less  than  twenty  (2C 
days  prior  to  the  date  of  the  primary. 

4.  TOWN  OFFICE.]     Where  the  nom 
nation  is  to  be  made  for  an  office  to  b 
filled  by  the  electors  of  a  town,  then  sue 
petition  for  nomination  shall  be  filed  i 
the  office  of  the  town  clerk  not  more  tha 
thirty  (30)  and  not  less  than  twenty  (2C 
days  prior  to  the  date  of  the  primary. 

5.  STATE  CENTRAL  COMMITTEEMAN 
The  petitions  for  candidates  for  State  cer 
tral  committeeman  shall  be  filed  in  th 
office  of  the  Secretary  of  State  not  moi 
than  sixty   (60)  and  not  less  than  fort 
(40)  days  prior  to  the  date  of  the  primar 

6.  FILING  AND  ENDORSING  OF  PETJ 
TION.]       The  Secretary  of  State  and  tl 
various  clerks  with  whom  such  petitioi 
for   nominations   are   filed   shall    endon 
thereon  the  day  and  hour  on  which  eac 
petition  was  filed. 

7.  WITHDRAWALS.]       Any  person  f< 
whom  a  petition  for  nomination  for  con 
mitteeman  has  been  filed  may  cause  h 
name    to    be    withdrawn    by    request 
writing,  signed  by  him  and  duly  ackno\ 
ledged  before  an  officer  qualified  to  tal 
acknowledgments  of  ,  deeds,  and  filed 
the  office  of  the  Secretary  of  State  n< 
less  than  thirty- five  (35)  days  or  with  tl 
proper  clerk  not  less   than   twenty    (2' 
days  prior  to  the  date  of   the  primar 
and  no  names  so  withdrawn  shall  be  cerl 
fied  by  the  Secretary  of  State  to  the  counl 
clerk  or  printed  on  the  primary  ballot. 

28 


8.  DELEGATE  OR  ALTERNATE  TO 
NATIONAL  CONVENTION  —  STATEMENT  — 
DISAVOWAL.]  Each  person  seeking  to  be 
elected  as  delegate  or  alternate  delegate  to 
the  National  nominating  convention  of  his 
party  shall  file,  along  with  his  nominating 
petition,  a  statement  in  writing  signed  by 
him  in  which  he  shall  state  the  name  of 
the  candidate  of  his  choice  for  nomination 
for  President  of  the  United  States,  or,  in 
lieu  thereof,  may  file  a  statement  to  the 
effect  that  he  has  no  preference  for  candi- 
dates for  President  of  the  United  States. 
The  Secretary  of  State  shall  not  permit 
a  petition  of  a  candidate  for  delegate  or 
alternate  delegate  to  the  National  nominat- 
ing convention  to  be  filed  unless  accom- 
panied by  the  statement  required  in  para- 
graph 8  of  this  section.  Any  candidate 
for  President  of  the  United  States  for 
whom  a  preference  is  stated  by  any  candi- 
date for  delegate  or  alternate  delegate  to  a 
nominating  convention,  may,  at  any  time 
after  the  filing  of  such  petition  and  before 
the  name  of  such  candidate  for  delegate 
or  alternate  delegate  to  a  National  nomi- 
nating convention  is  certified  to  the 
various  county  clerks  for  printing,  file  in 
the  office  of  the  Secretary  of  State  an 
instrument  in  writing  disavowing  the 
candidacy  of  the  person  who  has  so  filed 
a  nominating  petition  for  delegate  or 
alternate  delegate  to  a  National  nominat- 
ing convention  and  in  case  such  candidate 
for  President  of  the  United  States  shall 
disavow  the  candidacy  of  the  candidate 
for  delegate  or  alternate  delegate,  as 
aforesaid,  the  name  of  such  candidate  for 
delegate  or  alternate  delegate  so-  dis- 
avowed shall  not  be  certified  to  the  various 
county  clerks  for  printing  upon  the  offi- 

29 


cial  primary  ballot.       [As  amended  June 
30,  1913. 

Sec.  31.  CERTIFICATION  TO  COUNTY 
CLERK — ROTATION  OF  NAMES  FOR  STATE 
OFFICES — PREFERENCE  FOR  PRESIDENT 
— CERTIFICATION  TO  BOARDS  OF  ELEC- 
TION COMMISSIONERS.]  Not  less  than 
thirty  (30)  days  prior  to  the  date  of  the 
primary  the  Secretary  of  State  shall  certify 
to  the  county  clerk  of  each  county  the 
names  of  all  candidates  for  President  of 
the  United  States,  and  of  all  candidates 
for  members  of  the  State  central  committee 
and  of  all  candidates  for  delegates  and 
alternate  delegates  to  National  nominating 
conventions,  and  of  all  candidates  for 
nomination  for  all  offices,  as  specified  in 
the  petition  for  nomination  on  file  in  his " 
office,  which  are  to  be  voted  for  in  such 
county,  stating  in  such  certificates  the 
political  affiliation  of  each  candidates  for 
nomination  or  for  committeemen,  as 
specified  in  said  petition. 

The  Secretary  of  State  shall,  in  his  cer- 
tificate to  the  county  clerk,  certify  to  said 
county  clerk  the  names  of  the  offices  and 
the  names  of  the  candidates  in  the  order  in 
which  said  offices  and  said  names  (except 
the  names  of  candidates  for  State  officers), 
shall  appear  upon  the  primary  ballot, 
said  names  (except  the  names  of  candi- 
dates for  State  offices),  to  appear  in  the 
order  in  which  petitions  shall  have  been 
filed  in  his  office,  except  as  otherwise  pro- 
vided in  this  Act. 

The  names  of  candidates  for  State 
offices  shall^  be  certified  in  the  manner 
following:  "The  Secretary  of  State  shall 
certify  to  the  county  clerk  of  each  county 
of  each  and  every  senatorial  district,  be- 

30 


ginning  with  the  first  senatorial  district, 
the  names  of  candidates  for  State  offices 
in  the  order  in  which  such  names  shall 
appear  upon  the  official  primary  ballot, 
in  each  and  every  precinct  of  such  sena- 
torial district.  In  making  his  certificate 
to  the  county  clerk  of  the  county  or 
counties  in  which  the  first  senatorial  dis- 
trict is  located,  the  Secretary  of  State 
shall  certify  to  such  county  clerk  or  county 
clerks  the  names  of  the  offices,  and  the 
names  of  the  candidates  for  said  offices  in 
alphabetical  order  of  the  first  letters  of 
the  surname  of  such  candidate.  In  certi- 
fying the  names  of  candidates  for  State 
offices  to  the  county  clerk  or  county 
clerks  of  the  counties  composing  the  second 
senatorial  district,  the  Secretary  of  State 
shall  certify  the  name  of  the  candidate 
under  each  office  as  first  which  was  second 
in  the  first  senatorial  district,  and  the 
name  of  the  candidate  which  was  first  in 
the  first  senatorial  district  shall  be  cer- 
tified as  last  in  the  second  senatorial 
district.  In  certifying  the  names  of  can- 
didates for  State  offices  to  the  county 
clerk  or  county  clerks  of  the  counties 
composing  the  third  senatorial  district, 
the  Secretary  of  State  shall  certify  the 
name  of  the  candidate  under  each  office 
as  first  which  was  second  in  the  second 
senatorial  district,  and  the  name  of  the 
candidate  which  was  first  in  the  second 
senatorial  district  shall  be  certified  as  last 
in  the  third  senatorial  district.  The  same 
procedure  shall  be  followed  by  the  Secre- 
"tary  of  State  in  certifying  the  names  of 
candidates  for  State  offices  to  the  several 
county  clerks  of  the  several  senatorial 
districts  of  the  State,  the  intent  being 
that  the  names  of  candidates  for  such 

31 


[each]  of  the  State  offices  shall  be  rotated 
by  senatorial  districts. 

In  his  certificate  to  the  county  clerk, 
the  Secretary  of  State  shall,  below  the 
name  of  each  candidate  for  delegate  and 
alternate  delegate  to  National  nominat- 
ing conventions,  insert  the  name  of  the 
candidate  for  President  of  the  United 
States  for  whom  such  delegate  or  alternate 
delegate  has  specified  his  choice  in  accord- 
ance with  his  statement  on  file  in  the 
office  of  the  Secretary  of  State,  or,  in  case 
such  candidate  for  delegate  or  alternate  de- 
legate has  not  indicated  any  choice,  or  pre- 
ference, the  Secretary  of  State,  in  his  cer- 
tificate, under  the  name  of  such  candidate 
for  delegate  or  alternate  delegate  shall 
print  the  words  "No  preference." 

Not  less  than  twenty-eight  (28)  days 
prior  to  the  date  of  the  primary,  the 
county  clerk  shall  certify  to  the  board  of 
election  commissioners,  if  there  be  any 
such  board  in  his  county,  the  names  of  all 
candidates  so  certified  to  him  by  the 
Secretary  of  State,  together  with  the  list 
of  the  names  of  all  other  candidates  in 
whose  behalf  petitions  have  been  filed  in 
his  office  and  in  the  order  so  filed.  And 
not  less  than  twenty-eight  (28)  days  prior 
to  the  date  of  the  primary  the  city  or 
town  clerk,  as  the  case  may  be,  shall  also 
certify  to  such  board  the  names  of  all 
candidates  in  whose  behalf  petitions  have 
been  filed  in  the  office  of  such  city  clerk 
or  town  clerk,  as  the  case  may  be,  and  in 
the  order  so  filed.  [As  amended  June  30, 
1913. 

Sec.  32.  BALLOTS  —  BY  WHOM 
PRINTED.]  The  county  clerk  of  each 
county  and  in  cities,  villages  and  towns, 

32 


;he  clerk  thereof,  as  the  case  may  be, 
ihall  prepare  and  cause  to  be  printed 
;he  primary  ballot  of  each  political  party 
'or  each  precinct  in  his  respective  county, 
:ity,  village  or  town. 

Sec.  33.  BALLOTS — NAMES  PRINTED 
}N].  It  is  hereby  made  the  duty  of  the 
:ounty  clerk  of  each  county  to  cause  to 
>e  printed  upon  the  primary  ballot 
>f  each  party  for  each  precinct  in  his 
;ounty  the  name  of  each  candidate 
jyhose  petition  for  nomination  has  been 
Ded  in  the  office  of  the  county  clerk  as 
lerein  provided,  and  also  the  name  of 
sach  candidate  whose  name  has  been 
certified  to  his  office  by  the  Secretary 
of  State,  "and  in  the  order  so  certified." 

It  shall  be  the  duty  of  the  city  or 
village  or  town  clerk,  as  the  case  may  be, 
:o  cause  to  be  printed  upon  the  primary 
Ballot  of  each  political  party  for  each 
Precinct  in  his  city,  village  or  town,  as 
:he  case  may  be,  the  name  of  each  candi- 
date whose  petition  for  nomination  has 
3een  filed  in  his  office,  as  herein  pro- 
vided and  which  is  to  be  voted  for  in 
such  precinct. 

Sec.  34.  BALLOTS  —  COLOR  —  SIZE, 
ETC.]  The  primary  ballot  of  each  politi- 
cal party  shall  be  separately  printed 
upon  paper  of  uniform  quality,  texture 
and  size,  but  the  primary  ballot  of  no 
two  political  parties  shall  be  of  the  same 
color  or  tint. 

The  clerk,  whose  duty  it  shall  be  to 
cause  to  be  printed  the  primary  ballot, 
shall,  at  least  fifteen  (15)  days  prior  to 
the  date  of  the  primary,  post  in  a  con- 
spicuous place  in  his  office  an  announce- 
ment of  the  color  of  the  primary  ballot 

33 


of  the  respective  parties,  and,  in  th< 
case  of  the  county  clerk,  shall  also  pub 
lish  such  announcement  for  at  least  on< 
(1)  week  in  at  least  three  (3)  newspaper: 
of  general  circulation  in  the  county 
In  the  case  of  the  city  clerk,  such  publi 
cation  shall  be  made  at  least  one  (1 
week  in  three  (3)  newspapers  printec 
and  published  in  the  city,  if  there  to 
three  newspapers  printed  and  publishec 
in  said  city. 

Sec.  35.  BALLOTS— FORM.]  The  pri 
mary  ballot  of  each  political  party  foj 
each  precinct  shall  be  arranged  anc 
printed  substantially  in  the  manner  fo] 
lowing : 

1.  DESIGNATING  WORDS.]    At  the  tor, 
of   the  ballot  shall   be  printed   in   large 
capital  letters,  words  designating  the  bal- 
lot— if  a  Republican  ballot,  the  designat- 
ing words  shall  be:        "REPUBLICAN 
PRIMARY  BALLOT;"  if  a  Democratic 
ballot    the    designating    words    shall    be 
"DEMOCRATIC      PRIMARY      BAL 
LOT;"  and  in  like  manner  for  each  politi 
cal  party. 

2.  ORDER  OF  NAMES — DIRECTIONS  Tq 
VOTERS,  ETC.]      Beginning  not  less  thatj 
one   inch   below    designating   words,    the 
name  of  each  office  to  be  filled  shall  be 
printed  in  capital  letters  and  in  the  follow- 
ing-order, to  wit:   President  of  the  United 
States,  State  offices,  congressional  offices, 
judicial    offices,    clerks    of    the    appellate 
courts,  members  of  the  State  central  com- 
mittee,    trustees     of     sanitary     districts, 
county    offices,    city   and    village    offices^ 
town  offices,  or  of  such  of  the  said  office! 
as  candidates  are  to  be  nominated  for  at 
such  primary,  and  ward  committeemen.  j 

34 


Below  the  name  of  each  office  shall  be 
printed  in  small  letters  the  directions  to 
voters:  "Vote  for  one;"  "Vote  for  two;" 
"Vote  for  three;"  or  a  spelled  number 
designating  how  many  persons  under  that 
head  are  to  be  voted  for. 

Below  the  name  of  each  office  shall  be 
printed  in  capital  letters  the  names  of  all 
candidates,  arranged  in  the  order  in  which 
their  petetions  for  nomination  were  filed, 
except  as  otherwise  provided  in  section  33 
of  this  Act,  for  the  nomination  for  said 
offices  which  are  entitled  to  be  placed  upon 
the  respective  party  primary  ballot.  Be- 
low the  name  of  each  candidate  for  dele- 
gate and  alternate  delegate  to  National 
nominating  conventions  shall  [be]  print- 
led]  the  name  of  the  candidate  for  Pres- 
dent  of  the  United  States  for  whom  such 
delegate  or  alternate  delegate  has  ex- 
pressed a  preference,  or  if  no  choice  has 
been  expressed  shall  be  printed  the  words 
"No  preference."  The  names  of  all  can- 
didates upon  the  primary  ballot  shall  be 
printed  in  a  column.  Immediately  op- 
posite and  in  front  of  the  name  of  each 
candidate  shall  be  printed  a  square  and  all 
squares  upon  the  primary  ballot  shall  be 
of  uniform  size.  Spaces  between  the 
names  of  candidates  under  each  office  shall 
be  uniform  and  sufficient  spaces  shall 
separate  the  names  of  candidates  for  one 
office  from  the  names  of  candidates  for 
another  office,  to  avoid  confusion. 

(3)  PRECINCT  COMMITTEEMAN — EX- 
CEPTION.] At  the  bottom  of  the  primary 
ballot  and. under  the  heading  "For  pre- 
cinct committeeman,"  a  space  sufficiently 
large  shall  be  left  in  which  the  primary 
electors  may  write  or  attach  the  name  of 

35 


one  primary  elector  of  his  party  in  the 
precinct  as  his  choice  for  precinct  commit- 
teeman.  No  square  need  be  placed  in 
front  of  the  name  of  the  person  voted 
for  precinct  committeeman :  Provided, 
however,  the  provisions  of  this  sub-section 
three  (3)  of  section  35,  shall  not  apply  to 
precincts  within  the  territorial  limits  of 
an  incorporated  city  or  village  having  a 
population  of  two  hundred  thousand 
(200,000)  or  over.  [As  amended  June  30, 
1913. 

Sec.  36.  BALLOTS  —  ENDORSEMENTS.] 
On  the  back  or  outside  of  the  primary 
ballot  of  each  precinct,  so  as  to  appear 
when  folded,  shall  be  printed  the  words 
"Primary  Ballot,"  followed  by  designa- 
tion of  said  precinct,  the  date  of  the 
primary  and  a  facsimile  of  the  signature 
of  the  clerk  who  furnished  the  ballots. 

Sec.  37.  SPECIMEN  BALLOTS.]  The 
officer  whose  duty  it  shall  be  to  cause 
the  printing  of  the  primary  ballots 
shall,  not  less  than  five  (5)  days  pnor 
to  the  primary,  transmit  or  cause  to  be 
delivered  to  the  primary  judges,  speci- 
men ballots  of  each  political  party,  sub- 
stantially in  the  form  of  the  official  pri- 
mary ballots,  to  be  used  at  the  primary, 
which  specimen  ballot  shall  be  printed 
upon  paper  of  a  different  texture  and 
color  from  the  official  primary  ballot, 
and  it  shall  be  the  duty  of  the  primary 
judges  to  post  not  less  than  five  (5)  of 
each  such  specimen  ballots  in  the  pre- 
cinct, one  of  each  such  specimen  ballots 
to  be  posted  at  the  polling  place. 

Sec.  38.  BALLOTS  —  DELIVERY  TO 
JUDGES.]  The  officer  so  charged  with 
the  printing  of  primary  ballots  shall 

36 


cause  to  be  delivered  to  the  primary 
judges  of  each  precinct  not  less  than 
twelve  (12)  hours  before  the  time  fixed 
for  the  opening  of  the  polls,  the  official 
primary  ballot  of  each  political  party, 
and  the  number  thereof  for  each  politi- 
cal party  in  each  precinct  shall  be  one 
hundred  (100)  for  each  fifty  (50)  votes 
cast  in  said  precinct  by  said  political 
party  at  the  last  preceding  election. 

Sec.  39.  BALLOTS  —  RECEIPTS  FOR.] 
The  official  primary  ballots  shall  be  put 
in  separate  sealed  packages  with  marks 
on  the  outside  thereof  clearly  designating 
the  precinct  for  which  they  are  intended, 
and  the  number  of  ballots  enclosed  for 
each  political  party  and  a  receipt  therefor 
shall  be  given  by  the  primary  judge  to 
whom  such  ballots  are  delivered,  which 
receipt  shall  be  filed  by  the  proper  clerk 
in  his  office. 

Sec.  40  EXTRA  BALLOTS.]  The 
officer  so  charged  with  the  printing  of 
primary  ballots  shall  provide  and  retain 
in  his  office  until  after  the  primary  an 
ample  supply  of  extra  primary  ballots 
for  each  political  party  in  each  precinct 
and  if  at  any  time  before  or  during  the 
primary,  ballots  of  any  precinct  shall  be 
lost,  destroyed  or  exhausted,  on  written 
application  signed  by  the  primary  judges 
of  said  precinct,  or  any  of  them,  he  shall 
immediately  cause  to  be  delivered  to 
said  primary  judges  such  supply  of  extra 
ballots  as  may  be  required  to  comply  with 
the  provisions  of  this  Act. 

Sec.  41.  POLLS  —  OPENING  AND 
CLOSING.]  Upon  the  opening  of  the 
polls  one  of  the  primary  judges  shall 

37 


make  proclamation  of  the  same.  And 
at  least  thirty  (30)  minutes  before  the 
closing  of  the  polls  proclamation  shall 
be  made  in  like  manner  that  the  polls 
will  be  closed  in  half  an  hour. 

Sec.  42.  BALLOT  Box  —  CARE  AND 
CUSTODY.]  Before  voting  begins,  the 
ballot  box  shall  be  emptied  and  it  shall 
be  opened  and  shown  to  those  present 
to  be  emptied,  after  which  it  shall  be 
locked  and  the  key  delivered  to  one  of 
the  primary  judges,  and  such  ballot  box 
shall  not  be  removed  from  public  view 
from  the  time  it  is  shown  to  be  empty 
until  after  the  close  of  the  polls. 

Sec.  43.  QUALIFICATION  OF  VOTERS- 
WOMEN.]  Every  person  having  resided 
in  this  State  one  year,  in  the  county  ninety 
days,  and  in  the  precinct  thirty  days  next 
preceding  any  primary  therein,  who  was 
an  elector  in  this  State  on  the  first  day  of 
April  in  the  year  of  our  Lord  1848,  or 
obtained  a  certificate  of  naturalization 
before  any  court  of  record  in  this  State 
prior  to  the  first  day  of  January  in  the 
year  of  out  Lord  1870,  or  who  shall  be  a 
male  citizen  of  the  United  States  above 
the  age  of  twenty-one  years,  shall  be  en- 
titled to  vote  at  such  primary:  Provided, 
however,  that  all  women,  citizens  of  the 
United  States,  above  the  age  of  twenty- 
one  years,  having  resided  in  the  State  one 
year,  in  the  county  ninety  days,  and  in 
the  election  district  thirty  days,  next 
preceding  any  primary  election  held  there- 
in, may  vote  at  such  primary  for  the  nomi- 
nation of  candidates  for  such  offices  as 
such  women  may  vote  for  at  the  election 
for  which  such  primary  is  held. 

38 


Separate  ballot  boxes  and  ballots  shall 
be  provided  for  women,  which  ballots 
shall  contain  the  names  of  candidates  for 
nomination  for  such  offices  which  are  to 
be  "voted  for. 

The  following  regulations  shall  be  appli- 
cable to  primaries :  • 

No  person  shall  be  entitled  to  vote  at  a 
primary : 

(a)  DECLARATION  OF  PARTY  AFFILIA- 
TION.] Unless  he  declares  his  party 
affiliations  as  required  by  this  Act; 

(b)  PETITIONER  OF  ANOTHER  PARTY.] 
Who  shall  have  signed  the  petition  for 
nomination  of  a  candidate  of  any  party 
with  which  he  does  not  affiliate,  when  such 
candidate  is  to  be  voted  for  at  the  primary; 

(c)  INDEPENDENT  PETITIONER.]      Who 
shall  have  signed  the  nominating  papers 
of  an  independent  candidate  for  any  office 
for  which  office  candidates  for  nomination 
are  to  be  voted  for  at  such  primary;  or 

(d)  VOTE  AT  PRIMARY  OF  ANOTHER 
PARTY  —  EXCEPTION  —  REGISTRATION  — 
ERASURE  OF  NAME  —  HEARING  ON  AP- 
PEAL.]     If  he  shall  have  voted  at  a  pri-' 
mary  held  under  this  Act  of  another  politi- 
cal party  within  a  period  of  two  years 
next  preceding  such  primary:      Provided, 
participation  by  a  primary  elector  in  a 
primary  of  a  political  party  which,  under 
the  provisions  of  section  2  of  this  Act,  is  a 
political  party  within  a  city  only  and  en- 
tited  hereunder  to  make  nominations    of 
candidates  for  city  offices  only  and  for 
no  other  office  or  offices,  shall  not  dis- 
qualify such  primary  elector  from  partici- 
pating in   other  primaries  of  his  party: 
And,  provided,  that  no  qualified  voter  shall 

39 


be^  precluded  from  participating  in  the 
primary  of  any  purely  city,  village  or' 
town  political  party  under  the  provisions 
of  section  2  of  this  Act,  by  reason  of  such 
voter  having  voted  within  two  years  at 
the  primary  of  another  political  party. 

In  cities  having  a  board  of  election  com- 
missioners, the  following  additional  regu- 
lations shall  be  applicable:  In  such 
cities  only  voters,  registered  as  herein 
provided,  shall  be  entitled  to  vote  at  such 
primary.  The  registration  books  pre- 
pared for  and  used  at  the  election  then 
next  preceding  shall  be  used  for  the  pri- 
mary, and  any  person  therein  registered 
shall  be  entitled  to  vote  at  the  primary 
unless  he  shall  have  removed  from  the 
election  precinct  or  become  otherwise  dis- 
qualified. In  any  such  city  having  a 
population  of  less  than  200,000  any  per- 
son whose  name  does  not  appear  on  the 
registry  books  who  is,  or  shall,  at  or  before 
the  primary,  become  a  primary  elector 
of  the  precinct  in  which  he  desires  to  vote, 
shall  be  entitled  to  vote  at  such  primary 
by  filing,  or  causing  to  be  filed,  with  the 
board  of  election  commissioners,  twenty 
days  prior  to  a  primary,  an  affidavit,  or 
affirmation,  specifying  the  facts,  showing 
that  on  the  date  of  such  primary  he  will 
be  a  legally  qualified  primary  elector  in 
the  precinct  in  which  he  desires  to  vote. 

Such  affidavit  or  affirmation,  for  regis- 
tration, shall  state  the  name  of  the  appli- 
cant, the  place  and  the  date  of  his  nativity, 
the  term  of  his  residence  at  his  then  present 
address,  in  the  precinct,  county,  state  and 
United  States,  the  fact  of  his  naturaliza-  < 
tion  if  the  applicant  is  a  naturalized  citi-  \ 
zen,   specifying  the  court,   if  known,   or, 

40 


if  not  known,  the  city  in  which  the  court 
was  held  where  such  citizen  was  natural- 
ized, and  the  residence,  when  last  register- 
ed, if  the  applicant  was  previously  regis- 
tered. It  shall  be  the  duty  of  the  board 
of  election  commissioners  to  prepare 
proper  forms  of  such  affidavit,  or  affirma- 
tion. 

Upon  the  filing  of  such  affidavit,  or 
affirmation,  the  board  of  election  com- 
missioners shall  place  the  name  of  such 
primary  electors,  in  the  original  registra- 
tion books  for  the  proper  precinct,  speci- 
fying the  precinct  from  which  he  is  trans- 
ferred, if  previously  registered  in  another 
precinct,  and  shall  also  make  a  minute 
opposite  his  name  in  the  original  registra- 
tion books  of  the  precinct  from  which  he 
has  removed,  showing  the  precinct  to 
which  his  name  is  transferred,  or,  as  the 
case  may  be,  shall  add  the  name  of  such 
primary  elector  in  the  original  registra- 
tion books  for  the  proper  precinct  and  the 
reason  of  the  registration  thereof. 

At  least  five  days  prior  to  the  date  of  the 
primary,  the  board  of  election  commis- 
sioners shall  cause  to  be  posted  at  each 
polling  place  in  each  precinct,  in  a  book 
substantially  in  the  form  now  used  for 
"verification  lists"  under  the  general 
election  laws  of  this  State,  the  name  and 
address  of  each  primary  elector  who  has 
been  registered  for  the  primary  by  having 
filed  an  affidavit,  or  affirmation,  as  above 
set  fort  . 

In  any  such  city  having  a  population  of 
200,000  or  more,  the  said  registration 
books  shall  be  revised  three  weeks  preced- 
ing such  primary  under  the  direction  of 
such  board  of  election  commissioners  in 

41 


the  same  manner  as  is  now  provided  by  law 
for  intermediate  registration  in  cities 
having  boards  of  election  commissioners. 

Any  primary  elector  of  a  precinct  may, 
on  the  eleventh  and  twelfth  days  imme- 
diately preceding  the  primary,  file  with  the 
board  of  election  commissioners  an  appli- 
cation, signed  and  sworn  to  by  him,  re- 
questing the  name  of  a  person  registered 
on  the  registration  books  as  herein  pro- 
vided, shall  be  erased  therefrom,  for  the 
reason  that  such  person  so  registered  is . 
not,  or  will  not  on  or  before  the  date  of 
the  primary,  be  a  legal  primary  elector 
of  the  precinct,  which  application  shall  be 
in  substance,  in  the  words  and  figures  fol- 
lowing : 

"I, ,     do  hereby     solemnly     swear 

(or  affirm)  that  I  am  informed  and  believe 

that is  not  a  qualified  voter  in  the 

precinct  of  the ward  of  the 

city  (village  ot  town)  of and 

that  said will  not  be  a  qualified 

voter  of  such  precinct  and  ward  on  the 

day  of A.   D and 

hence  ask  that  his  name  be  erased  from 
the  registers  of  such  precinct." 

Notice  of  such  application  with  a  de- 
mand to  appear  and  show  cause  why 
such  name  should  not  be  erased,  shall 
thereupon  be  given  to  such  person  by  the 
board  of  election  commissioners.  Such 
notice  shall  be  served  upon  such  per- 
son personally,  or  left  at  the  place  of 
residence  named  in  such  registration 
books,  and  a  copy  thereof  shall  be  sent  by 
mail,  postage  prepaid,  at  least  two  days 
before  the  day  fixed  to  show  cause,  ad- 
dressed to  the  person  whose  right  to  vote 
is  challenged,  at  the  address  given  in  sudh 

42 


registration  books.  In  case  personal 
service  cannot  be  had,  the  return  of  the 
board  of  election  commissioners  shall  so 
state  and  the  reason  therefor. 

On  Monday,  Tuesday  and  Wednesday 
next  preceding  the  primary,  the  board 
of  election  commissioners  shall  sit  to  hear 
such  application  by  wards  and  precincts 
in  their  numerical  order.  At  the  request 
of  either  party,  subpoenas  shall  be  issued, 
and  witnesses  may  be  sworn  and  heard 
upon  such  hearing.  Each  person  appear- 
ing in  response  to  an  application  to  erase 
a  name  shall  subscribe  and  swear  to  an 
answer  in  the  presence  of  a  member  of  the 
board  of  election  commissioners,  substan- 
tially in  the  following  form : 

"I ,  do  solemnly  swear  that 

I  am  a  citizen  of  the  United  States;  that 
I  have  resided  in  the  State  of  Illinois 

since  the day  of A.  D 

and  in  the  county  [of] ,  said  State, 

since  the day  of A.  D...: , 

and  in  the precinct  of  the....... 

ward,  in  the  city  of said  county 

and  State,  since  the day  of 

A.  D ;  and  that  I  am years  of 

age;  that  I  am  the  identical  person  regis- 
tered in  said  precinct  for  the  primary  under 
the  name  I  subscribe  hereto." 

Such  answer  shall  be  filed  with  the  board 
of  election  commissioners. 

The  decision  on  each  application  shall 
be  announced  at  once  after  hearing,  and 
where  such  application  is  allowed,  such 
name  shall  be  erased  forthwith. 

The  county  court  of  the  county  in 
which  such  city  is  situated  shall  on  Fri- 
day and  Saturday  of  the  week  prior  to  the 

43 


week  in  which  such  primary  is  to  be  held,, 
especially  sit  to  hear  such  application 
as  may  be  made  to  it  by  persons  whose 
names  have  been  stricken  from  the  registry 
list  as  above  provided.  Such  application 
shall  be  sworn  to  and  shall  state  that  the 
board  of  election  commissioners  has 
stricken  such  name  from  the  registry  list. 
Such  application  shall  be  heard  summarily 
and  evidence  may  be  introduced  for  or 
against  such  application.  Each  case 
shall  be  decided  at  once  on  hearing,  and 
the  clerk  of  the  court  shall  make  a  minute 
of  the  disposition  of  each  application. 
A  copy  of  .such  minute  shall  at  once  be 
given  to  such  board  of  election  commis- 
sioners, and,  when  such  minute  indicates 
that  the  name  of  the  applicant  shall  be 
restored  to  the  registry,  the  board  of 
election  commissioners  shall  forthwith 
cause  such  name  to  be  placed  upon  the 
appropriate  register,  and  indicate  that  it 
was  entered  by  order  of  the  court. 

In  case  such  county  court  shall  refuse 
such  application,  an  order  shall  be  entered 
accordingly  on  the  Monday  following 
the  session  of  court  held  for  the  purpose 
aforesaid,  and  any  preson  desiring  to 
appeal  from  the  said  order  may  appeal 
to  -the  Supreme  Court  of  the  State,  if 
application  be  made  therefor  within  five 
days  after  the  entry  of  said  order,  and  such 
appeal  shall  be  allowed  on  the  giving  of 
an  appeal  bond  in  the  penalty  of  $250, 
conditioned  to  pay  the  expenses  of  such 
appeal.  The  time  for  filing  such  appeal 
bond  and  certificate  of  evidence  shall  be 
fixed  by  the  court,  and  upon  presentation 
to  the  court  of  a  certificate  containing  the ; 
evidence  heard  at  such  hearing,  within  the* 
time  fixed  by  the  court,  the  court  shall  signal 

44 


the  same,  and  thereupon  the  same  shall 
become  part  of  the  record  in  said  cause. 

The  original  registration  books,  revised 
as  herein  provided,  shall  constitute  the 
primary  registration.  [As  amended  June 
30,  1913. 

Sec.  44.  VOTER  —  PARTY  AFFILIA- 
TION, ETC.]  Any  person  desiring  to 
vote  at  a  primary  shall  state  his  name, 
residence  and  party  affiliation  to  the 
primary  judges,  one  of  whom  shall  there- 
upon announce  the  same  in  a  distinct 
tone  of  voice, '  sufficiently  loud  to  be 
heard  by  all  persons  in  the  poUing  place. 
If  the  person  desiring  to  vote  is  not  chal- 
lenged, one  of  the  primary  judges  shall 
give  to  him  one,  and  only  one,  primary 
ballot  of  the  political  party  with  which 
he  declares  himself  affiliated,  on  the 
back  of  which  such  primary  judge  shall 
endorse  his  initials  in  such  manner  that 
they  may  be  seen  when  the  primary 
ballot  is  properly  folded.  If  the  person 
desiring  to  vote  is  challenged  he  shall  not 
receive  a  primary  ballot  from  the  primary 
judges  until  he  shall  have  established 
his  right  to  vote  as  hereinafter  provided. 
No  person  who  refuses  to  state  .his  party 
affiliation  shall  be  allowed  to  vote  at  a 
primary. 

Sec.  45.  CHALLENGED  VOTER— AFFI- 
DAVITS.] Whenever  a  person  offering 
to  vote  at  a  primary  is  challenged,  the 
person  so  challeged  shall  make  and  sub- 
scribe an  affidavit  in  the  following  form, 
which  shall  be  presented  to  and  retained 
by  the  primary  judges  and  clerks  and  re- 
turned by  them  with  the  primary  poll 
book: 

45 


County  of 

State  of  Illinois 

I, do  solemnly  swear  (or  af- 
firm) that  I  am  a  citizen  of  the  United 
States,  of  the  age  of  twenty-one  years 
or  over,  and  am  qualified  to  vote  under 
and  by  virtue  of  the  Constitution  and 
laws  of  the  State  of  Illinois,  and  am  a 
legally  qualified  voter  of  this  precinct, 

that  I  now  reside  at (insert 

street  .and  number,  if  any)  in  this .  pre- 
cinct, and  am  a  member  of  and  affiliated 

with  the party;  that  I  have  not 

voted  at  a  primary  of .  another  political 
party  within  a  period  of  two  years  prior 
to  this  date;  and  that  I  voted  at  the 

city,  village  or  town  primary, 

with  the political  party  at 

the election  held  in 

A.  D which  said political 

party  was  entitled  at  said  primary  to 
make  nominations  of  candidates  for  city, 
village  or  town  offices  only,  and  for  no 
other  offices,  and  that  the  name  or  names 

of  no  candidate  or  candidates  of  the 

political  party  (the  political  party  with 
which  the  primary  elector  declares  him- 
self affiliated)  were,  at  such  city,  village 
or  town  primary,  printed  on  the  primary 
ballot;  that  I  have  not  signed  the  peti- 
tion for  nomination  of  a  candidate  of  a 
political  party  with  which  I  am  not 
affiliated,  and  that  I  have  not  signed  the 
nominating  papers  of  an  independent 
candidate  for  any  office  for  which  office 
candidates  for  nomination  are  voted  for 
at  this  primary. 

Subscribed  and  sworn  to  before  me, 
this day  of A.  D 


Judge  of  Primary. 
46 


In  addition  to  such  affidavit  the  per- 
son so  challenged  shall  produce  the  affi- 
davit of  one  householder  of  the  precinct, 
who  shall  be  a  qualified  voter  at  such 
primary,  and  who  shall  be  personally 
known  or  proved  to  the  judges  to  be  a 
householder  in  the  precinct,  which  affi- 
davit shall  be  in  the  following  form : 

State  of  Illinois,       \ 
County  of /  s^ 

I do    solemnly    swear    (or 

affirm)  that  I  am  a  householder  of  this 
precinct  and  entitled  to  vote  at  this  pri- 
mary; that  I  am  acquainted  with 

(name  of  the  party  challenged), 

whose  right  to  vote  at  the  primary 
has  been  challenged;  that  I  know  him 
to  be  an  actual  bona  fide  resident  of  this 
precinct  and  that  he  has  resided  herein 
thirty  days,  and  I  verily  believe  he  has 
resided  in  this  county  ninety  days,  and 
in  this  State  one  year  next  preceding 
this  primary;  that  I  verily  believe  he  is 
a  member  of  and  affiliated  with  the 
party. 

Subscribed  and  sworn  to  before  me, 
this day  of A.  D.  19 


Judge  of  Primary. 

Sec.  46.  BALLOT  —  How  MARKED.] 
On  receiving  from  the  primary  judges 
a  primary  ballot  of  his  party,  the  pri- 
mary elector  shall  forthwith  and  with- 
out leaving  the  polling  place,  retire 
alone  to  one  of  the  voting  booths  and 
prepare  such  primary  ballot  by  marking 
a  cross  (X)  in  the  square  in  front  of  and 
opposite  the  name  of  each  candidate 
of  his  choice  for  each  office  to  be  filled. 

47 


At  the  primary  at  which  a  precinct 
committeeman  is  to  be  elected  the  pri- 
mary elector  may  write  or  attach  at  the 
bottom  of  his  primary  ballot,  in  the 
space  provided  for  that  purpose,  the 
name  of  one  primary  elector  of  his  pre- 
cinct, member  of  and  affiliated  with  his 
political  party,  for  precinct  committee- 
man.  No  other  mark  or  designation 
shall  be  necessary  to  indicate  the  primary 
elector's  choice  for  precinct  committee- 
man. 

Any  primary  elector  may,  instead  of 
voting  for  any  candidate  for  nomination 
or  for  committeeman  whose  name  is 
printed  on  the  primary  ballot,  write 
in  the  name  of  any  other  person  affiliated 
with^  such  party  as  a  candidate  for  the 
nomination  for  any  office,  or  for  com- 
mitteeman, and  indicate  his  choice  of 
such  candidate  or  committeeman  by 
placing  to  the  left  of  and  opposite  the 
name  thus  written  a  square  and  by  placing 
in  the  square  a  cross  (X).  And  at  the 
primary  at  which  precinct  committeemen 
are  to  be  elected  he  shall  write  at  the 
bottom  of  his  primary  ballot,  in  the  space 
provided  for  that  purpose,  the  name  of  one 
primary  elector  of  his  precinct,  member  of 
and  affiliated  with  his  political  party, 
for  precinct  committeeman.  No  squares 
need  be  placed  in  front  of  the  names  of 
persons  so  voted  for  for  precinct  commit- 
teemen. 

Sec.  47.  t.  BALLOT  —  How  VOTED.] 
Before  leaving  the  booth,  the  primary 
elector  shall  fold  his  primary  ballot  in 
such  manner  as  to  conceal  the  marks 
thereon.  Such  voter  shall  then  vote 

48 


forthwith  by  handing  the  primary  judge 
the  primary  ballot  received  by  such  voter. 
Thereupon  the  primary  judge  shall  deposit 
such  primary  ballot  in  the  ballot  box. 
The  primary  clerk  shall  thereupon  enter 
in  the  primary  poll  book  the  name  of  the 
primary  elector,  his  residence  and  his 
party  affiliation. 

Sec.  48.  ASSISTANCE  TO  VOTER.]  Any 
primary  elector  who  may  declare  upon 
oath  that  he  cannot  read  the  English 
language,  or  that  by  reason  of  any  physi- 
cal disability  he  is  unable  to  mark  his  bal- 
lot shall,  upon  request,  be  assisted  in 
marking  his  primary  ballot  in  the  same 
manner  as  provided  by  the  general  election 
laws  of  this  State. 

Sec.  49.  No  ADJOURNMENT^OR  RE- 
CESS.] After  the  opening  of  the  polls 
at  a  primary  no  adjournment  shall  be 
had  nor  recess  taken  until  the  canvass 
of  all  the  votes  is  completed  and  the 
returns  carefully  enveloped  and  sealed. 

Sec.  50.  CANVASS  AT  POLLING  PLACE.] 
The  votes  shall  be  canvassed  in  the  room 
or  place  where  the  primary  is  held  and  the 
primary  judges  shall  not  allow  the  ballot 
box  or  any  of  the  ballots,  or  the  primary 
poll  book,  or  any  of  the  tally  sheets  to  be 
removed  or  carried  away  from  such  room 
or  polling  place  until  the  canvass  of  the 
votes  is  completed  and  the  returns  care- 
fully enveloped  and  sealed. 

Sec.  51.  BALLOTS — DEFECTIVE,  OB- 
JECTED To,  SPOILED,  ETC.]  If  the  pri- 
mary elector  marks  more  names  upon  the 
primary  ballot  than  there  are  persons  to 
be  nominated  as  candidates  for  an  office, 

40 


or  for  State  central  committeeman,  pre- 
cinct or  ward  committeemen,  or  dele- 
gates or  alternate  delegates  to  National 
nominating  conventions,  or  if  for  any 
reason  it  is  impossible  to  determine  the 
primary  elector's  choice  of  a  candidate  for 
the  nomination  for  an  office,  or  commit- 
teeman, or  delegate  or  alternate  delegate 
to  National  nominating  conventions,  his 
primary  ballot  shall  not  be  counted  for 
the  nomination  for  such  office  or  commit- 
teeman, or  delegate  or  alternate  delegate 
to  National  nominating  conventions. 

No  primary  ballot,  without  the  endorse- 
ment of  the  judge's  initials  thereon,  shall 
be  counted.  Any  judge  wilfully  omitting 
to  endorse  his  initials  on  a  primary  ballot, 
as  required  by  this  Act,  shall  be  guilty 
of  a  misdemeanor  and  punishable  by  a 
fine  not  exceeding  one  hundred  dollars 
for  each  offense. 

Primary  ballots  not  counted  shall  be 
marked  "defective"  on  the  back  thereof; 
and  primary  ballots  to  which  objections 
have  been  made  by  either  of  the  primary 
judges  or  challengers  shall  be  marked' 
"objected  to''  on  the  back  thereof;  and  a 
memorandum,  signed  by  the  primary 
judges,  stating  how  it  was  counted,  shall 
be  written  on  the  back  of  each  primary 
ballot  so  marked;  and  all  primary  ballots 
marked  "defective"  or  "objected  to" 
shall  be  enclosed  in  an  envelope  and  se- 
curely sealed,  and  so  marked  and  endorsed 
as  to  clearly  disclose  its  contents. 

All  primary  ballots  not  voted,  and  all 
that  have  been  spoiled  by  voters  while 
attempting  to  vote,  shall  be  returned  to 
the  proper  clerk,  by  the  primary  judges, 

50 


and  a  receipt  taken  therefor,  and  shall  be 
preserved  three  months.  Such  official 
shall  keep  a  record  of  the  number  of  pri- 
mary ballots  delivered  for  each  polling 
place,  and  he  or  they  shall  also  enter  upon 
such  record  the  number  and  character  of 
primary  ballots  returned,  with  the  time 
when  and  the  persons  by  whom  they  are 
returned.  [As  amended  June  30,  1913. 

Sec.  52.  CANVASS  OF  BALLOTS.]  Im- 
mediately upon  closing  the  polls,  the  pri- 
mary judges  shall  proceed  to  canvass  the 
votes  in  the  manner  following: 

(1)  They    shall    separate    and    count 
the  ballots  of  each  political  party; 

(2)  They  shall  then  proceed  to  ascer- 
tain  the   number   of   names   entered   on 
the  primary  poll  books  under  each  party 
affiliation; 

(3)  If   the   primary   ballots   of   any 
political    party    exceed    in    number    the 
names  of  voters  of  such  political  party 
entered  on  the  primary  poll  books,  the 
primary  ballots  of  such   political  party 
shall  be  folded  and  replaced  in  the  ballot 
box,    the    box    closed,    well    shaken    and 
again   opened   and   one   of   the   primary 
judges,    who   shall   be   blindfolded,    shall 
draw  out  and  destroy  so  many  of  the 
primary  ballots   of   such   political   party 
as  shall  be  equal  to  such,  excess; 

(4)  The    primary    judges    shall    then 
proceed    to    count    the    primary    ballots 
of   each   political   party   separately;   and 
as   the   primary   judges   shall   open   and 
read  the  primary  ballots,  each  primary 
clerk  shall  carefully  and  correctly  mark 
upon   the   tally   sheets   the   votes   which 

51 


each  candidate  of  the  party  whose  name 
is  written  or  printed  on  the  primary 
ballot  has  received,  in  a  separate  column 
for  that  purpose,  with  the  name  of  such 
candidate,  the  name  of  his  political 
party  and  the  name-  of  the  office  for  which 
he  is  a  candidate  for  nomination  at  the 
head  of  such  column. 

Sec.  53.  CANVASS  OF  BALLOTS — FORM 
OF  CERTIFICATE.]  As  soon  as  the  ballots 
of  a  political  party  shall  have  been  read 
and  the  votes  of  said  political  party  count- 
ed, as  provided  in  the  last  above  section, 
the  primary  clerks  shall  foot  up  the  tally 
sheets  so  as  to  show  the  total  number  of 
votes  cast  for  each  candidate  of  said  poli- 
tical party  and  for  each  candidate  for 
State  central  committeeman  and  precinct 
or  ward  committeeman,  or  delegate  or 
alternate  delegate  to  National  nominating 
conventions,  and  certify  the  same  to 
be  correct.  Thereupon,  the  primary 
judges  shall  set  down  in  the  primary 
poll  books,  under  the  name  of  said  political 
party,  the  name  of  each  candidate  voted 
for  upon  the  primary  ballot,  written  at  full 
length,  the  name  of  the  office  for  which  he 
is  a  candidate  for  nomination  or  for  com- 
mitteeman, or  delegate  or  alternate 
delegate  to  National  nominating  conven- 
tions, the  total  number  of  votes  which  said 
candidate  received,  and  the  primary  poll 
books  to  be  made  substantially  in  the  fol- 
lowing form : 

Party. 

At  the  primary  election  held  in   this 

precinct  on  the day  of 

A.  D.   19 ,  the  respective  candidates 

whose  names  were  written  or  printed  on 

the  primary  ballot  of  said .....party, 

received  respectively  the  following  votes: 


52 


Name  of 
Candidate 

Title  of  Office 

No.  of 
Votes 

John  Jones 

Governor 

100 

Sam  Smith 

Governor 

70 

Frank  Martin 

Attorney  General 

150 

William  Preston 

Representative  in 

206 

Congress 

Frederick  John 

County  Judge 

59 

And  so  on  for  each  candidate. 

We  hereby  certify  the  above  and  fore- 
going to  be  true  and  correct. 

Dated  this day  of ,  A.  D. 

19.... 


Judges  of  Primary. 
[As  amended  June  30,  1913 

Sec.  54.  BALLOTS — STRUNG,  SEALED 
AND  ENDORSED.]  After  the  votes  of  a 
political  party  have  been  counted  and 
set  down  and  the  tally  sheets  footed  and 
the  entry  made  in  the  primary  poll  books, 
as  above  provided  all  the  primary  ballots 
of  said  political  party,  except  those 
marked  "defective"  or  "objected  to" 
shall  be  strung  upon  a  strong  thread  or 
twine  separately  for  each  political  party 
in  the  order  in  which  said  primary  ballots 
have  been  read,  and  shall  thereupon  be 
carefully  sealed  in  an  envelope,  which 
envelope  shall  be  endorsed  as  follows : 

Primary  ballots  of  the. 

party  of  the precinct  of  the  county 

of and  State  of  Illinois. 

Below  each  endorsement,  each  primary 
judge  shall  write  his  name. 

53 


Sec.  55.  PRECINCT  RETURNS—HOW 
MADE.]  The  primary  poll  books,  with 
the  certificates  of  the  primary  judges 
written  thereon,  and  the  tally  sheets, 
together  with  the  envelopes  containing 
the  ballots,  shall  be  carefully  enveloped 
and  sealed  up  together,  properly  endorsed 
and  put  into  the  hands  of  the  primary 
judges  who  shall  within  forty-eight  (48) 
hours  thereafter,  deliver  the  same  to  the 
clerk  from  whom  the  primary  ballots 
were  obtained,  which  clerk  shall  safely 
keep  the  same  for  three  (3)  months. 

Sec.  56.  CANVASS  OF  RETURNS.]  As 
soon  as  complete  returns  are  delivered  to 
the  proper  clerk,  the  returns  shall  be  can- 
vassed as  follows : 

1.  CITY  OFFICERS,]     In  the   case   of 
the    nomination    of    candidates    for    city 
-offices,  by  the  mayor,  the  city  attorney 
and  the  city  clerk. 

2.  VILLAGE  OFFICERS.]      In  the  case 
of  nomination  of  candidates  for  village 
offices,  by  the  president  of  the  board  of 
trustees,    one   member   of   the   board    of 
trustees,  and  the  village  clerk. 

3.  COUNTY  CANVASSING  BOARD.]  The 

officers  who  are  charged  by  law  with  the 
duty  of  canvassing  returns  of  general 
elections  made  to  the  county  clerk,  shall 
also  open  and  canvass  the  returns  of  a 
primary  made  to  such  county  clerk.  Upon 
the  completion  of  the  canvass  of  the  re- 
turns by  the  county  canvassing  board, 
said  canvassing  board  shall  make  a  tabu- 
lated statement  of  the  returns  for  each 
political  party  separately,  stating  in 
appropriate  columns  and  under  proper 

54 


headings,  the  total  number  of  votes  cast 
in  said  county  for  each  candidate  for  nomi- 
nation by  said  party,  including  candidates 
for  President  of  the  United  States  and  for 
State  central  committeemen,  and  for  dele- 
gate and  alternate  delegate  to  National 
nominating  conventions.  Within  two  (2) 
days  after  the  completion  of  said  canvass 
by  said  canvassing  board  the  county 
clerk  shall  mail  to  the  Secretary  of  State 
a  certified  copy  of  such  tabulated  state- 
ment of  returns:  Provided,  however, 
that  the  number  of  votes  cast  for  the 
nomination  for  offices,  the  certificate  of 
election  for  which  offices,  under  the  gen- 
eral election  laws  are  issued  by  the  county 
clerk  shall  not  be  included  in  such  certi- 
fied copy  of  said  tabulated  statement  of 
returns. 

4.  STATE  CANVASSING  BOARD.]  In 
the  case  of  the  nomination  of  candidates 
for  offices,  including  President  of  the 
United  States  and  State  central  com- 
mitteeman,  and  delegates  and  alternate 
delegates  to  National  nominating  con- 
ventions, certified  tabulated  statement 
of  returns  for  which  are  filed  with 
the  Secretary  of  State,  said  returns 
shall  be  canvassed  by  the  Governor,  Sec- 
retary of  State  and  State  Treasurer:  And 
provided,  further,  that  within  five  (5) 
days  after  said  returns  shall  be  canvassed 
by  the  said  State  Primary  Canvassing 
Board,  the  Secretary  of  State  shall  cause 
to  be  published  in  one  daily  newspaper  of 
general  circulation  at  the  seat  of  the  State 
government  in  Springfield  a  certified 
statement  of  the  returns  filed  in  his  office, 
showing  the  total  vote  cast  in  the  State 
for  each  candidate  of  each  political  party 
for  President  of  the  United  States,  and 

55 


showing  the  total  vote  for  each  candidate! 
of  each  political  party  for  President  of  the 
United  States,  cast  in  each  of  the  several! 
congressional  districts  in  the  State,  and! 
stating  the  names  of  the  delegates  and  1 
alternate  delegates  to  National  nominating  ' 
conventions  for  each  political  party. 

5.  ELECTION  COMMISSIONERS.]  Where  ! 
in  cities  or  villages  which  have  a  board  of  * 
.  election  commissioners,  the  returns  of  a  1 
primary  are  made  to  such  board  of  elec-  1 
tion  commissioners,  said  returns  shall  i 
be  canvassed  by  such  board,  and,  except-  1 
ing  in  the  case  of  the  nomination  of  I 
candidate  for  any  city  or  town  office  in  1 
such  city,  tabulated  statements  of  the  re-  1 
turns  of  such  primary  shall  be  made  to  I 
the  county  clerk.  [As  amended  June  30,  1 


Sec.  57.  CERTIFICATES  OF  NOMINA- 
TION  AND  ELECTION.]  Each  of  said  can- 
vassing  boards,  respectively,  shall,  upon 
completion  of  the  canvassing  of  the  re- 
turns,  make  proclamation  of  the  result  of 
said  primary  for  each  political  party,  and 
shall  make  and  execute  a  certificate,  and 
unless  a  notice  of  contest  shall  have  been 
filed  with  said  canvassing  board  ten  (10) 
days  after  completion  of  the  canvass,  shall 
file  such  certificates  in  the  office  of  the 
Secretary  of  State,  or  in  the  office  of  the 
clerk  whose  duty  it  is  to  print  the  official 
ballot  for  the  election  for  which  the  nomi- 
nation  is  made,  as  the  case  may  be,  stat- 
ing  therein  the  name  of  each  candidate 
of  each  political  party  so  nominated  or 
elected,  as  shown  by  the  returns,  together 
with  the  name  of  the  office  for  which  he 
was  nominated  or  elected,  including  ward 
committeemen,  and  including  in  the  case 

56 


of  the  State  primary  canvassing  board, 
candidates  for  State  central  committee- 
men,  and  delegates  and  alternate  delegates 
to  National  nominating  conventions.  In 
case  of  delegates  and  alternates  delegate 
to  National  nominating  conventions  such 
certificates  shall  show  the  name  of  the 
candidate  for  President  of  the  United 
States,  for  whom  such  delegates  or  alter- 
nate delegates  have  expressed  their 
choice  as  disclosed  from  their  statements 
in  writing  on  file  in  the  office  of  the  Secre- 
tary of  State.  In  case  a  notice  of  contest 
shall  be  filed  with  any  canvassing  board, 
such  canvassing  board  shall  withhold  its 
certificate  until  a  certified  copy  of  the 
decree  or  order  of  the  court  hearing  such 
contest  shall  have  been  filed  with  such 
canvassing  board.  The  said  canvassing 
board  shall,  within  one  (1)  day  after 
receiving  a  certified  copy  of  said  decree  or 
order,  proceed  to  finish  the  canvass  of 
the  returns  as  corrected  by  such  decree 
and  make  proclamation  accordingly. 

Upon  the  filing  of  said  certificate  in  the 
office  of  the  Secretary  of  State,  or  in  the 
office  of  the  proper  clerk,  as  the  case  may 
be,  the  Secretary  of  State,  or  the  proper 
clerk,  as  the  case  may  be,  shall  within 
one  (1)  day  thereafter,  issue  a  certificate 
of  nomination  to  each  of  the  candidates 
so  proclaimed  nominated. 

The  Secretary  of  State  shall  also  issue 
a  certificate  of  election  to  each  of  the 
persons  shown  by  the  returns  and  the 
proclamation  thereof  to  be  elected  State 
central  committeeman,  and  delegates  and 
alternate  delegates  to  National  nominat- 
ing conventions.  [As  amended  Tune  30, 
1913. 

57 


Sec.  58.  PLURALITY  NOMINATIONS. 
TIE  VOTE.]  The  person  receiving  the 
highest  number  of  votes  at  a  primary  as 
a  candidate  of  a  party  for  the  nomination 
for  an  office,  shall  be  the  candidate  of 
that  party  for  such  office  and  his  name  as 
such  candidate  shall  be  placed  on  the 
official  ballot  at  the  election  then  next 
ensuing:  Provided ,  that  where  there  are 
two  or  more  persons  to  be  nominated  for 
the  same  office  or  board,  the  requisite 
number  of  persons  receiving  the  highest 
number  of  votes  shall  be  nominated  and 
their  names  shall  be  placed  on  the  official 
ballot  at  the  following  election. 

In  the  case  of  candidates  for  nomination 
for  members  of  the  board  of  assessors, 
where  five  are  to  be  elected,  four  of  whom 
are  to  be  elected  from  any  one  city  and  the 
city  has  the  requisite  number,  then  the 
candidate  for  nomination  living  outside  of 
such  city  having  the  highest  number  of 
votes  of  his  party  shall  be  nominated,  and 
his  name  shall  be  placed  on  the  official 
ballot  at  the  following  election. 

The  person  receiving  the  highest  number 
of  votes  of  his  party  for  State  central 
committeeman  of  his  congressional  dis- 
trict shall  be  declared  elected  State  central 
committeeman  from  said  congressional 
district. 

The  requisite  number  of  persons  re- 
ceiving the  highest  number  of  votes  of 
their  party  for  delegates  and  alternate 
delegates  to  National  nominating  con- 
ventions as  disclosed  from  the  certificate 
of  the  State  central  committee  of  such 
political  party  on  file  in  the  office  of  the 
Secretary  of  State  shall  be  declared  elected 
delegates  and  alternate  delegates  to  the 

58 


National  nominating  convention  of  their 
party. 

The  person  receiving  the  highest  num- 
ber of  votes  of  his  party  for  ward  com- 
mitteeman  of  his  ward  shall  be  declared 
elected  ward  committeeman  from  said 
ward. 

When  two  or  more  persons  receive  an 
equal  and  the  highest  number  of  votes 
for  the  nomination  for  the  same  office  or 
for  committeeman  of  the  same  political 
party,  or  where  more  than  one  person  of 
the  same  political  party  is  to  be  nominated 
as  a  candidate  for  office  or  committeeman, 
if  it  appears  that  more  than  the  number 
of  persons  to  be  nominated  for  an  office 
or  elected  committeeman  have  the  highest 
and  .an  equal  number  of  votes  for  the 
nomination  for  the  same  office  or  for  elec- 
tion as  committeeman,  the  board  by  which 
the  returns  of  the  primary  are  canvassed 
shall  decide  by  lot  which  of  such  persons 
shall  be  nominated  or  elected,  as  the  case 
may  be.  In  such  case  such  canvassing 
board  shall  issue  notice  in  writing  to  such 
persons  of  such  tie  vote,  stating  therein 
the  place,  the  day  (which  shall  not  be 
more  than  five  (5)  days  thereafter),  and 
the  hour  when  such  nomination  or  election 
shall  be  so  determined.  [As  amended 
June  30,  1913. 

Sec.  59.  BALLOT  FOR  GENERAL  ELEC- 
TION.] When  the  nomination  is  made 
for  an  office  to  be  filled  by  the  electors 
of  an  entire  county,  and  where  it  is  the 
duty  of  the  county  clerk  to  prepare  the 
official  ballot  for  election,  it  shall  be  the1 
duty  of  the  county  clerk,  under  this  Act, 
to  place  upon  the  official  ballot  to  be 
voted  at  the  election  the  names  of  all 

59 


candidates  nominated  for  office,  as  herein 
provided,  as  shown  by  the  certificate  of 
the  canvassing  board  on  file  in  his  office, 
and  the  names  of  all  candidates  certified 
to  him  by  the  Secretary  of  State  as  herein 
provided. 

When  the  nomination  is  made  for  an 
office  to  be  filled  by  the  electors  of  an 
entire  city  or  village,  including  alder- 
man, and  where  it  is  the  duty  of  the 
city  or  village  clerk  to  prepare  the  official 
ballot  for  the  election,  it  shall  be  the 
duty  of  the  city  or  village  clerk,  under 
this  Act,  to  place  upon  the  official  ballot 
to  be  voted  at  the  election  the  names  of 
all  candidates  nominated  for  office,  as 
herein  provided,  as  shown  by  the  certi- 
ficate of  the  canvassing  board  on  file  in 
his  office. 

When  the  nomination  is  made  for  an 
office  to  be  field  by  the  electors  of  an 
entire  town,  and  where  it  is  the  duty  of 
the  town  clerk  to  prepare  the  official 
ballot  for  the  election,  it  shall  be  the 
duty  of  the  town  clerk,  under  this  Act,  to 
place  upon  the  official  ballot  to  be  voted 
at  the  election,  the  names  of  all  candi- 
dates, nominated  for  office,  as  herein 
provided,  as  shown  by  the  certificate 
of  the  canvassing  board  on  file  in  his 
office. 

Not  less  than  fifteen  (15)  days  before 
an  election  to  fill  any  office,  the  Secre- 
tary of  State  shall  certify  to  the  county 
clerk  of  each  county  within  which  any 
of  the  electors  may,  by  law,  vote  for 
such  candidates  for  such  offices,  the 
name  and  description  of  each  person 
nominated  for  such  office,  as  shown  by 
the  certificate  of  the  canvassing  board 
on  file  in  his  office. 

60 


Sec.  60.  SPECIAL  ELECTIONS — FILL- 
ING VACANCIES.]  Whenever  a  special 
election  shall  be  necessary,  the  provisions 
of  this  Act  shall  be  applicable  to  the  nomi- 
nation of  candidates  to  be  voted  for  at 
such  special  election.  The  officer  or 
board  or  commission  whose  duty  it  is, 
under  the  general  election  laws  of  this 
State,  to  call  an  election,  shall  fix  a  date 
for  the  primary  for  the  nomination  of 
candidates  to  be  voted  for  at  such  special 
election.  At  least  fifteen  (15)  days'  notice 
shall  be  given  of  such  primary. 

In  case  a  candidate  who  has  been  nomi- 
nated under  the  provisions  of  this  Act 
shall  die  before  election,  or  decline  the 
nomination,  or  should  the  nomination 
for  any  other  reason  become  vacant,  the 
managing  committee  of  the  respective 
political  parties  .  for  the  territorial  area 
in  which  such  vacancy  occurs,  shall  nomi- 
nate a  candidate  or  candidates  of  the 
respective  parties  to  fill  such  vacancies 
on  the  ticket. 

Sec.  61.  BOARD  OF  ELECTION  COM- 
MISSIONERS— DUTIES.]  In  cities  having 
a  board  of  election  commissioners  the 
duties  herein  imposed  upon  the  county, 
city  or  village  clerk,  as  the  case  may  be, 
shall  be  discharged  by  the  board  of 
election  commissioners,  in  the  same 
manner,  as  'near  as  may  be,  and  to  the 
same  extent  and  with  like  effect  that  the 
similar  duties  imposed  by  this  Act  are 
discharged  by  the  county,  city  or  bill  age 
clerk,  as  the  case  may  be;  and  the  bal- 
lots for  the  nomination  of  all  candidates 
to  be  voted  for  in  such  city  shall  be 
printed  by  the  board  of  election  com- 
missioners and  the  returns  of  the  pri- 

61 


mary  held  in  such  city  shall  be  made  to 
such  board  of  election  commissioners. 

Sec.  62.  CONTESTS — JURISDICTION — 
PROCEEDINGS.]  Any  candidate  whose 
name  appears  upon  the  primary  ballot  of 
any  political  party  in  any  precinct  may 
contest  the  election  of  the  candidates  nom- 
inated by  his  political  party,  upon  the 
face  of  the  returns,  if  he  so  desires,  and 
may,  in  said  county  or  any  of  the  precincts 
thereof  as  to  the  office  for  which  he  was  a 
candidate,  contest  the  election  in  such 
county  or  precinct  by  filing  with  the  clerk 
of  the  county  court,  except  in  the  case  of 
candidates  for  the  nomination  for  State 
and  congressional  offices  and  for  the  office 
of  county  judge,  a  petition  in  writing, 
setting  forth  the  grounds  of  contest,  which 
petition  shall  be  verified  by  the  affidavit 
of  the  petitioner  or  other  person,  and 
which  petition  shall  be  filed  within  five 
(5)  days  after  the  completion  of  the  can- 
vass of  the  returns.  The  contestant  shall 
also  file  with  the  canvassing  board,  which 
canvasses  the  returns  for  such  nomination 
(and  if  for  the  nomination  for  an  office, 
certified  tabulated  statements  of  the  re- 
turns of  which  are  to  be  filed  with  the 
Secretary  of  State),  also  with  the  county 
canvassing  board,  a  notice  of  the  pendancy 
of  the  contest.  In  the  case  of  a  contest 
for  the  nomination  for  State  and  congres- 
sional offices  and  for  the  office  of  county 
judge,  said  petition  shall  be  filed  in  the 
office  of  the  clerk  of  the  circuit  court. 

Authority  and  jurisdiction  are  hereby 
vested  in  the  county  court  or  in  the  judge 
thereof  in  vacation,  for  in  the  circuit 
court  or  in  the  judges  thereof  in  vacatiqn, 
as  the  case  may  be,  to  hear  and  determine 

62 


primary  contests.  When  a  petition  to 
contest  a  primary  shall  be  filed  in,  the  office 
of  the  clerk  of  the  court,  said  petition 
shall  forthwith  be  presented  to  the  judge 
thereof,  who  shall  note  thereon  the  date  of 
presentation,  and  shall  also  note  thereon 
the  day  when  he  will  hear  the  same, 
which  shall  not  be  more  than  five  (5)  days 
thereafter,  and  shall  order  issuance  of 
summons  to  each  defendant  named  in  the 
petition. 

Summons  shall  forthwith  issue  to  each 
defendant  named  in  the  petition  and  shall 
be  served  in  the  same  manner  as  is  pro- 
vided in  cases  in  chancery.  Summons 
may  be  issued  and  served  in  any  county  in 
the  State.  The  case  may  be  heard  and 
determined  by  the  county  or  circuit  court 
in  term  time,  or  by  the  judges  thereof  in 
vacation,  at  any  time  not  less  than  three 
(3)  days  after  service  of  process,  and  shall 
have  preference  in  the  order  of  hearing  to 
all  other  cases.  The  petitioner  shall  give 
security  for  all  costs. 

If,  in  the  opinion  of  the  court  in  which 
the  petition  is  filed,  the  grounds  for  con- 
test alleged  are  insufficient  in  law,  the 
petition  shall  be  dismissed.  If  the  grounds 
alleged  are  sufficient  in  law,  the  court  shall 
proceed  in  a  summary  manner  and  may 
hear  evidence,  examine  the  returns,  re- 
count the  ballots  and  make  such  orders 
and  enter  such  judgment  as  justice  may 
require.  The  court  shall  ascertain  and 
declare  by  a  decree,  as  in  chancery  to  be 
entered  of  record  in  the  proper  court,  the 
result  of  such  election  in  the  territorial 
area  for  which  the  contest  is  made.  The 
judgment  of  the  court  shall  be  final.  A 
certified  copy  of  said  decree  shall  forth- 
with be  made  by  the  clerk  of  the  court  and 

63 


transmitted  to  the  board  canvassing  the 
returns  for  such  office;  and  in  case  of  con- 
test, if  for  nomination  for  an  office,  tabu- 
.  lated  statements  of  returns  for  which  are 
Hied  with  the  Secretary  of  State,  also  in 
the  office  of  the  county  clerk  in  the  proper 
county.  The  proper  canvassing  board, 
or  boards  as  the  case  may  be,  shall  correct 
the  returns  or  the  tabulated  statement  of 
returns  in  accordance  with  said  decree. 
[As  amended  June  30,  1913. 

Sec.  63.  INDEPENDENT  CANDIDATES.] 
Nothing  in  this  Act  contained  shall  be 
construed  to  prevent  the  nomination  of 
independent  candidates  by  petition,  as 
is  now  or  may  hereafter  be  provided  by 
law. 

Sec.  64.       LIQUOR  —  PENALTY.]      No 

spirituous,  malt,  vinous  or  intoxicating 
liquor  shall  be  sold  or  given  away,  nor 
shall  any  saloon,  bar  room  or  place  where 
such  liquor  is  sold  or  given  away  be  open 
during  the  holding  of  any  primary. 
Whoever  violates  the  provisions  of  this 
section  shall  be  fined  in  a  sum  not  less 
than  twenty-five  (25)  nor  more  than  one 
hundred  (100)  dollars.  It  shall  be  the 
duty  of  the  sheriff,  constable,  coroner, 
and  other  officers  of  the  county,  the 
magistrates  and  mayors  of  cities  to  see 
that  the  provisions  of  this  section  are 
enforced. 

Sec.  65.  FALSE  SWEARING  DEEMED 
PERJURY.]  If  any  person  whose  vote  is 
challenged,  or  any  witness  sworn  un- 
der the  provisions  of  this  'Act,  shall 
knowingly,  wilfully  and  corruptly  swear 
falsely,  he  shall  be  deemed  guilty  of 
perjury  and  on  conviction  thereof  shall 
be  punished  accordingly. 

64 


Sec.  66.  ILLEGAL  VOTING — BRIBERY, 
ETC.- — PENALTY.]  (1)  Whoever  unlaw- 
fully votes  more  than  once  at  any  pri- 
mary or  offers  to  vote  after  having  once 
voted  at  such  primary,  or  knowing  that 
he  is  not  a  qualfied  elector  at  a  primary, 
wilfully  votes  at  such  primary,  shall, 
on  conviction  thereof,  be  fined  in  a  sum 
not  exceeding  one  thousand  (1,000)  dollars, 
or  imprisoned  in  the  county  jail  not  ex- 
ceeding one  (1)  year,  or  both,  in  the  dis- 
cretion of  the  court. 

(2)  Whoever  wilfully  aids  or  abets 
any  one  not  legally  qualified  to  vote  at 
a   primary   in   voting    or   attempting    to 
vote  at  such  primary;  or, 

(3)  By   unlawful   means   prevents   or 
attempts  to  prevent  any  primary  elector 
from  attending  or  voting  at  a  primary; 
or 

(4)  Gives  or  offers  to  give  any  valuable 
thing    or    bribe    to    any    judge    or    clerk 
of  a  primary,  as  a  consideration  of  some 
act  to  be  done  or  omitted  to  be  done 
contrary  to  his  official  duty  in  relation 
to    such    primary,    shall,    on    conviction 
thereof,  be  fined  in  a  sum  not  exceeding 
one  thousand  (1,000)  dollars,  or  imprison- 
ed in  the  county  jail  not  exceeding  one 
(1)   year,   or  both,   in   the   discretion   of 
the  court;  any  judge  or  clerk  who  shall 
receive,    request    or    demand    any    bribe 
or  reward,  forbidden  by  this  Act,  shall, 
on  conviction,  be  liable  to  the  same  pen- 
alties as  prescribed  in  this  Act  for  giving 
of  offering  to  give  such  bribe  or  reward. 

Sec.  67.  BRIBERY  DEFINED — PROSE- 
CUTION— PENALTY.]  (1)  Any  person  who 
shall  solicit,  request,  demand  or  receive, 

65 


directly  or  indirectly,  any  money,  in- 
toxicating liquor  or  other  thing  of  value 
or  his  promise  thereof,  either  to  influ- 
ence his  vote,  or  to  be  used,  or  under  the 
pretence  of  being  used  to  procure  the  vote 
of  any  other  person  or  persons  or  to  be 
used  at  any  poll  or  other  place  prior  to 
or  on  the  day  of  a  primary  for  or  against 
any  candidate  for  office,  or  for  or  against 
any  measure  or  questions  to  be  voted  up- 
on at  such  primary,  shall  be  deemed 
guilty  of  the  infamous  crime  of  bribery 
in  primaries,  and  upon  conviction  therer 
of  in  any  court  of  record,  shall  be  sen- 
tenced to  disfranchisement  by  the  judge 
of  such  court  for  a  term  of  not  less  than 
five  and  not  more  than  fifteen  years, 
and  to  the  county  jail  not  less  than  three 
months  or  more  than  one  year,  and  to 
pay  the  cost  of  prosecution  and  stand 
committed  to  the  county  jail  until  such 
costs  are  fully  paid.  That  for  a  con- 
viction of  a  second  offense  under  this 
section,  the  first  being  alleged  and  pro- 
ven, such  offender  shall  be  by  sentence 
of  the  court  forever  thereafter  disfran- 
chised and  deprived  of  the  right  to  vote 
at  a  primary  in  this  State,  and  be  im- 
prisoned in  the  county  jail  not  less  than 
one  year,  and  be  committed  to  jail 
in  default  of  the  payment  of  costs  of 
prosecution  until  such  costs  are  fully 
paid.  Prosecutions  may  be  had  under 
this  section  by  indictment  in  the  circuit 
court,  or  by  information  in  the  county 
courts,  and  the  effect  of  a  sentence  of 
disfranchisement  in  either  of  said  courts, 
both  having  jurisdiction  of  offenses 
hereunder,  shall  be  to  deprive  such  per- 
sons sentenced  to  [of]  the  right  to  vote 
at  any  primary  within  this  State  for  a 
period  of  time  fixed  by  the  court  where 

66 


nch  person  shall  be  convicted  under 
this  section.  Any  candidate  or  other 
person  paying,  furnishing  or  promising 
to  pay  or  furnish,  or  bribing  such  person 
with  money,  intoxicating  liquor  or  any 
other  thing  of  value,  or  the  promise 
thereof,  shall  not  be  liable  to  punish- 
ment therefor,  but  shall  be  a  competent 
witness  and  compelled  to  testify  in  prose- 
cutions under  this  section.  Solicitations 
of  any  person,  or  a  loan  of  money  or  the 
purchase  of  anything  of  value,  or  any 
other  subterfuge  shall  be  deemed  a  viola- 
tion thereof. 

(2)  Any  person  who  shall  have  been 
legally  convicted  and  disfranchised  by  a 
court  of  competent  jurisdiction,  who 
shall,  before  the  expiration  of  his  term 
of  disfranchisement,  vote  or  offer  to 
vote  at  any  primary  within  this  State 
shall,  upon  indictment  and  conviction 
thereof  in  a  court  of  competent  jurisdic- 
tion, be  confined  in  the  penitentiary 
for  a  term  of  years  not  less  than  one  nor 
more  than  ten  years. 

Sec.  6%.  DISORDERLY  CONDUCT  — 
PENALTY.]  Whoever  is  disorderly  at  a 
primary  shall  forfeit  a  sum  not  exceeding 
twenty-five  (25)  dollars. 

Sec.  69.  WAGERS — PENALTY.]  Who- 
ever bets  or  wagers  any  money,  property 
or  'other  valuable  thing  upon  the  result 
of  the  primary,  or  bets  or  wagers  money, 
property  or  other  valuable  thing  upon 
the  number  of  votes  which  may  be  given 
to  any  person  at  a  primary,  or  shall  re- 
ceive the  greatest  number  of  votes  at  a 
primary,  or  agrees  to  pay  any  other  per- 
son any  money,  property  or  other  valua- 
ble thing  in  the  event  that  a  primary 

67 


shall  result  in  one  way,  or  in  the  event 
that  any  person  shall  or  shall  not  be 
nominated  or  shall  receive  a  greater  num- 
ber of  votes  than  others,  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  exceed- 
ing one  thousand  (1,000)  dollars,  or  im- 
prisoned in  the  county  jail  not  exceeding 
one  year,  or  both,  in  the  discretion  of  the 
court. 

Sec.  70.  OFFENSES  OF  JUDGE — PEN- 
ALTY.] (1)  If  any  judge  of  a  primary 
shall  permit  a  person  to  vote  whose  vote 
is  challenged,  without  the  proof  required 
in  this  Act;  or, 

(2)  Shall  knowingly  and  wilfully  per- 
mit a  person  to  testify  as  a  witness  con- 
trary to  the  provisions  of  this 'Act;  or, 

(3)  Shall  knowingly  permit  a  person 
to  vote  who  is  not  qualified  according  to 
law;  or, 

(4)  Shall  knowingly  receive  and  count 
more  than  one  vote  from  the  same  person 
at  the  same  primary  for  the  same  office, 
except  as  allowed  by  law;  or, 

(5)  Shall   refuse   to   receive   the   vote 
of   a   qualified   primary   elector   at   such 
primary,  who  will  make  the  affidavit  of 
and  proof  required  by  this  Act;  or, 

(6)  Shall  be  guilty  of  any  fraud,  cor- 
ruption or  manifest  misbehavior;  or, 

(7)  Shall  open  or  unfold  any  ballot 
when  the  same  is  presented  to  be  deposited 
in  the  ballot  box ;  or, 

(8)  Shall  wilfully  neglect  to  perform 
any   of   the   duties   required   of   him   by 
this    Act;    shall,    on    conviction    thereof, 
be    fined    in   a   sum   not   exceeding    one 
thousand    (1,000)    dollars,   or   imprisoned 

68 


in  the  county  jail  not  exceeding  one 
year,  or  both,  in  the  discretion  of  the 
court. 

See.  71.  DISCLOSING  How  ELECTOR 
VOTED— PENALTY.]  If  any  person  wil- 
fully or  corruptly  ascertains,  publishes 
or  reveals  how  a  primary  elector  voted 
at  a  primary,  he  shall,  on  conviction 
thereof  be  fined  in  any  sum  not  exceeding 
one  thousand  (1,000)  dollars,  or  im- 
prisoned in  the  county  jail  not  exceeding 
one  year,  or  both,  in  the  discretion  of  the 
court. 

Sec.  72.  OFFENSES  OF  CLERK  - 
PENALTY.]  If  any  clerk  of  a  primary 
shall  wilfully  neglect  to  perform  any 
duty  required  of  him  as  primary  clerk, 
or  shall  be  guilty  of  fraud,  corruption 
or  misbehavior,  he  shall,  on  conviction 
thereof,  be  fined  in  a  sum  not  exceeding 
five  hundred  (500)  dollars,  or  imprison- 
ed in  the  county  jail  not  exceeding  six 
months,  or  both,  in  the  discretion  of  the 
court. 

Sec.  73.  FAILURE  TO  DELIVER  RE- 
TURNS, ETC. — PENALTY.]  If  any  judge, 
clerk  or  messenger,  after  having  been 
deputed  by  the  primary  judges  to  carry 
the  primary  poll  books,  tally  sheets  and 
returns  of  such  election  to  the  place 
where  by  law  they  are  required  to  be 
canvassed,  wilfully  or  negligently  fails 
to  deliver  such  primary  poll  books,  tally 
sheets  or  returns  within  a  time  pre- 
scribed by  law,  with  the  seal  unbroken, 
he  shall,  upon  conviction  thereof,  be 
fined  in  a  sum  not  exceeding  five  hun- 
dred (500)  dollars  or  imprisoned  in  the 
county  jail  not  exceeding  six  months, 
or  both,  in  the  discretion  of  the  court. 

69 


Sec.  74.  NEGLECT  OR  REFUSAL  OF 
CLERK — PENALTY.]  If  any  county,  city 
or  town  clerk  wilfully  refuses  to  per- 
form any  duty  required  of  him  by  this 
Act,  he  shall,  upon  conviction  thereof, 
be  fined  in  a  sum  not  exceeding  five 
hundred  (500)  dollars  and  shall  be  liable 
to  the  person  injured  by  reason  of  such 
neglect  or  refusal  in  an  amount  not  ex- 
ceeding five  hundred  (500)  dollars,  to  be 
recovered  in  an  action  on  the  case. 

Sec.  75.  OFFENSES  IN  CANVASSING 
RETURNS  —  PENALTY.]  If  any  person 
whose  duty-  it  is  to  canvass  the  returns 
or  make  a  tabulated  statement  thereof, 
shall  be  guilty  of  fraud,  corruption  or 
misbehavior  in  not  canvassing  the  re- 
turns or  making  a  tabulated  statement 
thereof,  he  shall,  upon  conviction,  be 
fined  in  any  sum  not  exceeding  five  hun- 
dred (500)  dollars  or  be  imprisoned  in 
the  county  jail  not  exceeding '  one  year, 
or  both,  in  the  discretion  of  the  court. 

Sec.  76.  STEALING  OR  DEFACING 
RETURNS  —  PENALTY.]  Whoever  shall 
wilfully  and  wrongfully  take  or  carry 
away  from  the  place  where  it  has  been 
deposited  for  safe  keeping,  or  deface, 
mutilate  or  change  any  primary  poll 
book,  tally  sheet  or  ballot,  or  any  name 
or  figure  therein,  shall,  upon  conviction 
thereof,  be  fined  in  a  .sum  not  exceeding 
one  thousand  (1,000)  dollars  or  im- 
prisoned in  the  county  jail  not  exceeding 
one  year,  or  both,  in  the  discretion  of  the 
court. 

Sec.  77.  FALSE  ENTRIES,  ETC. — 
PENALTY.]  Any  person  or  member  of  a 
board  or  any  primary  judge,  clerk  or 
other  officer  who  is  guilty  of  stealing, 

70 


wilfully  and  wrongfully  breaking,  de- 
stroying, mutilating,  defacing,  falsify- 
ing, or  unlawfully  moving  or  secreting 
or  detaining  the  whole  or  any  part  of 
any  ballot  box,  or  any  record,  primary 
poll  book,  tally  sheet,  or  copy  thereof, 
oath,  returns,  or  any  other  ^  paper  or 
document  provided  for  in  this  Act,  or 
who  shall  fraudulently  make  any  entry 
erasure  or  alteration  therein,  except  as 
allowed  and  directed  by  the  provisions 
of  this  Act,  or  who  permits  any  other 
person  so  to  do  shall,  upon  conviction 
thereof,  be  fined  in  a  sum  not  exceeding 
one  thousand  (1,000)  dollars,  or  im- 
prisoned in  the  county  jail  not  exceed- 
ing one  year,  or  both,  in  the  discretion 
of  the  court. 

Sec.  78.  OTHER  VIOLATIONS  —  PEN- 
ALTY.] If  any  person  shall  commit  any 
act  prohibited  herein  or  refrain  from 
doing  any  act  or  duty  required  to  be 
done  herein,  and  if  any  person  shall  in 
any  manner  be  guilty  of  a  violation  of 
this  Act,  whether  the  same  is  denomi- 
nated an  offense  or  not,  and  for  which  no 
punishment  is  herein  specially  provided, 
such  person  shall,  upon  conviction  thereof, 
be  fined  in  a  sum  not  less  than  twenty-five 
(25)  nor  more  than  one  hundred  (100) 
dollars,  or  imprisoned  in  the  county  jail 
not  exceeding  one  year,  or  both,  in  the 
discretion  of  the  court. 

Sec.  79.  REPEAL.]  An  Act  entitled 
"An  Act  to  regulate  primary  elections  of 
voluntary  political  associations  and  to 
punish  frauds  therein,"  approved  June 
6,  1889,  in  force  July  1,  1889;  an  Act 
entitled  "An  Act  providing  for  primary 

71 


elections  of  delegates  to  nominating 
conventions  of  political  parties  or  asso- 
ciations, and  to  provide  for  the  purity 
thereof,"  approved  April  24,  1899,  in 
force  July  1,  1899;  an  Act  entitled  "An 
Act  providing  for  primary  elections  of 
delegates  to  nominating  conventions  of 
political  parties  or  associations  and  to 
promote  the  purity  thereof  by  regulating 
the  conduct  thereof  and  to  support  the 
privileges  of  free  suffrage  thereat  by  pro- 
hibiting certain  acts  and  practices  in 
relation  thereto  and  providing  for  the 
punishment  thereof,"  approved  and  in 
force  February  10,  1898,  as  amended  by 
an  Act  approved  May  11,  1901,  in  force 
July  1,  1901;  "  An  Act  to  provide  for  the 
holding  of  primary  elections  by  political 
parties,"  approved  February  21,  1908, 
in  force  July  1,  1908,  and  all  other  Acts 
and  parts  of  Acts  inconsistent  with  this 
Act  are  hereby  repealed. 

Sec.  80.  INVALIDITY.]  That  the  in- 
validity of  any  portion  of  this  Act  shall 
not  affect  the  validity  of  any  other  portion 
hereof,  which  can  be  given  effect  without 
such  invalid  part. 


72 


PRIMARY    ELECTIONS— GENERAL 

ACT  OF  1910,  PRESIDENT  AND  U.  S. 

SENATOR. 

§  29.  As  amended,  changes 
time  of  filing  peti- 


1.  Amends 
Section 
29,  Act 
of  1910. 


tions  and  number 
of  signers  and  omits 
advisory  vote  on 


U.  S.  Senator. 
(SENATE  BILL  No.  373.   APPROVED  JUNE  27,  1913) 

AN  ACT  TO  AMEND  SECTION  29  OF  AN  ACT 
ENTITLED,  "AN  ACT  TO  PROVIDE  FOR 
THE  HOLDING  OF  PRIMARY  ELECTIONS 
BY  POLITICAL  PARTIES,"  APPROVED 
MARCH  9,  1910,  IN  FORCE  JULY  1,  1910, 
AS  AMENDED  BY  AN  ACT  APPROVED  AND 
IN  FORCE  MARCH  30,  1912. 


SECTION  1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois,  represented  in  the 
General  Assembly:  That  section  29  of  an  . 
Act  entitled,  "An  Act  to  provide  for  the 
holding  of  primary  elections  by  political 
parties,"  approved  March  9,  1910,  in 
force  July  1,  1910,  as  amended  by  an  Act 
approved  and  in  force  March  30,  1912,  be 
amended  to  read  as  follows : 

Sec.  29.  Any  candidate  for  President 
of  the  United  States  or  for  United  States 
Senator  may  have  his  name  printed  upon 
the  primary  ballot  of  his  political  party 
by  filing  in  the  office  of  the  Secretary  of 
State  not  more  than  sixty  (60)  and  not 
less  than  thirty  (30)  days  prior  to  the 
date  of  the  April  primary,  in  any  year,  a 
petition  signed  by  not  less  than .  one 
thousand  (1,000)  nor  more  than  two 
thousand  (2,000)  primary  electors  of  the 
party  of  which  he  is  a  candidate,  and  no 
candidate  for  President  of  the  United 

73 


States  nor  for  United  States  Senator,  who 
fails  to  comply  with  the  provisions  of  this 
Act,  shall  have  his  name  printed  upon 
any  primary  ballot:  Provided,  that  the 
vote  for  President  of  the  United  States 
as  herein  provided  shall  be  for  the  sole 
purpose  of  securing  an  expression  of  the 
sentiment  and  will  of  the  party  voters  with 
respect  to  candidates  for  nomination  for 
said  office,  and  the  vote  of  the  State  at 
large  shall  be  taken  and  considered  as 
advisory  to  the  delegates  and  alter- 
nates at  large  to  the  National  conventions 
of  the  respective  political  parties;  and  the 
vote  of  the  respective  congressional  dis- 
tricts shall  be  taken  and  considered  as 
advisory  to  the  delegates  and  alternates 
of  said  congressional  districts  to  the 
National  conventions  of  the  respective 
political  parties.* 


*NOTE — Two  acts  weie  passed  by  the  Forty- 
eighth  General  Assembly,  amending  Section  29  of 
the  General  Primary  Law.  The  above  Section  is 
contained  in  Senate  Bill  No.  373,  Laws  of  1913, 
Page  330.  The  other  amendment  will  be  found 
on  page  27. 

74 


LEGISLATIVE 

PRIMARY    ELECTION 

LAW 


AN  ACT  TO  PROVIDE  FOR  THE  HOLDING 
OF  PRIMARY  ELECTIONS  BY  POLITICAL 
PARTIES  FOR  THE  '  NOMINATION  OF 
MEMBERS  OF  THE  GENERAL  ASSEMBLY 
AND  THE  ELECTION  OF  SENATORIAL 
COMMITTEEMEN.  [APPROVED  MARCH 
9,  1910.  As  AMENDED  AND  IN  FORCE 
JULY  1,  1913. 


SECTION  1.  NOMINATIONS  FOR  MEM- 
BERS OF  GENERAL  ASSEMBLY — SENATOR- 
IAL COMMITTEEMEN.]  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly:  The  nomination 
of  all  candidates  for  members  of  the  Gen- 
eral Assembly  by  all  political  parties,  and 
the  election  of  senatorial  commit teemen, 
as  denned  in  section  2  of  this  Act  shall 
be  made  in  the  manner  provided  in  this 
Act  and  not  otherwise. 

The  name  of  no  person,  nominated  by 
a  party  required  hereunder  to  make 
nominations  of  candidates  for  members 
of  the  General  Assembly  shall  be  placed 
upon  the  official  ballot  to  be  voted  at 
the  election  to  be  held  the  first  Tuesday 
after  the  first  Monday  in  the  month  of 
November,  A.  D.  1910,  as  a  candidate 
unless  such  person  shall  have  been  nomi- 
nated for  such  office  under  the  provisions 
of  this  Act,  and  all  nominations  made 
prior  to  July  1,  A.  D.  1910,  of  candidates 

75 


for  such  office  to  be  voted  for  at  said 
election  are  hereby  declared  of  no  effect, 
and  no  nomination  for  any  such  office 
made  prior  to  July  1,  A.  D.  1910,  shall 
entitle  any  person  so  nominated  to  have 
his  name  placed  upon  the  official  ballot 
to  be  voted  at  said  election. 

Sec.  2.  POLITICAL  PARTY  DEFINED.] 
The  term  "political  party"  as  used  in 
this  Act  shall  mean  a  political  party 
which,  at  the  next  preceding  election  for 
Governor  polled  at  least  two  per  cent 
of  the  entire  vote  cast  in  the  State. 

Sec.  3.  WORDS  AND  PHRASES.]  The 
following  words  and  phrases  in  this  Act 
shall,  unless  the  same  be  inconsistent 
with  the  context,  be  construed  as  follows: 

(1)  The  words  "senatorial  office"  or 
"senatorial  officer,"  State  Senator  and 
Representatives  in  the  General  Assembly. 

Sec.  4.  DATE  OF  PRIMARY.]  A  pri- 
mary shall  be  held  on  the  first  Wednesday 
after  the  second  Tuesday  in  September,  in 
the  year  A.  D.  1914,  and  every  two  years 
thereafter  for  the  nomination  of  candi- 
dates for  senatorial  offices  and  for  the 
election  of  senatorial  committeemen. 

Whenever,  in  this  Act,  the  term,  "April 
primary"  or  equivalent  words  shall  appear 
such  term  or  such  words  shall  be  construed 
to  refer  to  and  include  the  primary  to  be 
held  on  the  first  Wednesday  after  the 
second  Tuesday  in  September.  [As  amen 
ded  June  27,  1913. 

Sec.    5.      SENATORIAL    COMMITTEE    - 
How    ELECTED.]     There    shall    be    con- 
stituted a  senatorial  committee  for  each 

76 


senatorial  district:  Provided,  however,  that 
nothing  herein  contained  shall  prevent 
a  political  party  from  electing  or  appoint- 
ing in  accordance  with'  its  practice  any 
other  committees. 

The  senatorial  committee  of  each  poli- 
tical party  shall  be  elected  as  follows: 

(a)  In   senatorial   districts   comprised 
of  three  or  more  counties,  the  senatorial 
committee  shall  be  composed  of  one  mem- 
ber elected  from  each  county  of  such  sena- 
torial district. 

At  the  September  primary  held  in  the 
year  A.  D.  1910,  and  at  the  April  primary 
held  every  two  years  thereafter,  each  pri- 
mary elector  may  vote  for  one  candidate 
of  his  party  residing  in  his  county  for 
members  [member]  of  the  senatorial  com- 
mittee of  his  party. 

(b)  In   senatorial   districts  comprised 
of  two  counties,  the  senatorial  committee 
shall  be  composed  of  three  members,  two 
of  whom  shall  be  elected  from  the  county 
in  which  such  political  party  at  the  general 
election  for  State  and  county  officers  then 
next  preceding  a  primary  polled  the  larger 
number  of  votes  in  such  senatorial  dis- 
trict, and  one  of  whom  shall  be  elected 
from  the  other  county  of  such  senatorial 
district. 

At  the  September  primary  held  in  the 
year  A.  D.  1910,  and  at  the  April  pri- 
mary held  every  two  years  thereafter, 
each  primary  elector,  residing  in  a  county 
in  which  such  political  party  at  the 
general  election  for  State  and  county 
officers  then  next  preceding  a  primary 
polled  the  larger  number  of  votes  in 
such  senatorial  district,  may  vote  for 

77 


two  candidates  of  his  party,  residing  in 
his  county,  for  members  of  the  senatorial 
committee  of  his  party  (and  at  such  pri- 
mary in  the  other  county  of  such  sena- 
torial district,  each  prinary  elector  may 
vote  for  one  candidate  of  his  party)  resid- 
ing in  his  county  for  member  of  the  sena- 
torial committee  of  his  party. 

(c)  In  senatorial  districts  composed  of 
one  county,  and  in  senatorial  districts 
wholly  within  the  territorial  limits  of 
one  county,  or  partly  within  the  territor- 
ial limits  of  one  county,  and  partly  within 
the  territorial  limits  of  another  county,  the 
senatorial  committee  shall  be  composed 
of  three  members  elected  from  such 
senatorial  district. 

At  the  September  primary  held  in  the 
year  A.  D.  1910,  and  at  the  April  pri- 
mary held  every  two  years  thereafter, 
each  primary  elector  may  vote  for  three 
candidates  of  his  party,  residing  in  such 
senatorial  district,  for  members  of  the 
senatorial  committee  of  his  party. 

Within  thirty  days  after  its  election, 
the  senatorial  committee  shall  meet  and 
proceed  to  organize  by  electing  from 
among  its  own  number  a  chairman,  and 
either  from  its  own  number  or  other- 
wise, such  other  officers  as  said  committee 
may  deem  necessary  or  expedient.  The 
outgoing  chairman  of  the  senatorial  com- 
mittee of  the  party  shall  notify  the  mem- 
bers elected  of  the  time  and  place  (which 
shall  be  in  the  limits  of  such  senatorial 
district)  of  such  meeting. 

Sec.  6.  EXISTING  PARTY  COMMIT- 
TEES RECOGNIZED  —  PETITION  —  NUM- 
BER OF  SIGNERS.]  The  various  politi- 
cal party  committees  now  in  existence 

78 


arc  hereby  recognized  and  shall  exercise 
the  powers  and  perform  the  duties  herein 
prescribed  until  committeemen  are  chosen, 
in  accordance  with  the  provisions  of  this 
Act.  The  name  of  no  candidate  for  nomi- 
nation or  senatorial  committeeman  shall 
be  printed  upon  the  primary  ballot  unless 
a  petition  for  nomination  shall  have  been 
filed  in  his  behalf  as  herein  provided. 

All  petitions  for  nomination  shall  be 
signed  as  follows : 

(a).  If  for  a  senatorial  office,  by  at 
least  one-half  of  one  per  cent  of  the  quali- 
fied primary  electors  of  his  party  in  his 
senatorial  district. 

(b)  If  for  senatorial  committeeman, 
by  at  least  ten  of  the  primary  electors 
of  his  party  of  the  county  where  the 
senatorial  district  is  co-extensive  with 
one  county  or  is  composed  of  more  than 
one  county;  but  in  case  the  senatorial 
district  is  wholly  within  the  territorial 
limits  of  one  county,  or  partly  within 
the  territorial  limits  of  one  county  and 
partly  within  the  territorial  limits  of 
another  county,  then  such  petition  shall 
be  signed  by  at  least  ten  (10)  of  the  pri- 
mary electors  of  his  party  of  his  senatorial 
district. 

In  determining  the  total  numbers  [num- 
ber] of  names  necessary  to  constitute 
a  valid  petition  for  a  candidate  for  nomi- 
nation for  a  senatorial  office  as  required 
by  this  section,  the  test  shall  be  one-half 
of  one  per  cent  of  the  total  vote  cast  by 
his  party  for  Governor  in  the  senatorial 
district  at  the  election  for  Governor  then 
next  preceding  the  primary. 

79 


Sec.  7.  FILING  OF  PETITIONS — WITH- 
DRAWALS.] All  petitions  for  nominations 
shall  be  filed  as  follows: 

(1)  Where  the  nomination  is  made  for 
a  senatorial  office  such  petition  for  nomi- 
nation shall  be  filed  in  the  office  of  the 
Secretary  of  State,  not  more  than  sixty 
(60)  and  not  less  than  forty   (40)   days 
prior  to  the  date  of  the  primary. 

(2)  The    petitions    of    candidates    for 
senatorial    committeemen    shall    be    filed 
in  the  office  of  the  county  clerk  not  more 
than  sixty  (60)  and  not  less  than  forty 
(40)  days  prior  to  the  date  of  the  primary. 

(3)  The   Secretary  of   State  and   the 
various  clerks  with  whom  such  petitions 
for    nomination    are    filed    shall    endorse 
thereon  the  day  and  hour  on  which  each  ! 
petition  was  filed. 

(4)  Any  person  for  whom  a  petition 
for    nomination    or    for    senatorial    com- 
mitteeman  has  been  filed  may  cause  his 
name  to  be  withdrawn  in  writing,  signed 
by   him,    duly    acknowledged    before    an 
officer  qualified  to  take  acknowledgments 
of  deeds  and  filed  in  the  office  of  the  Secre- 
tary of  State,  not  less  than  thirty-five  (35)  ' 
or  with  the  proper  clerk  not  less  than  I 
thirty-five  (35)  days  prior  to  the  day  of 
the  primary  and  no  names  so  withdrawn 
shall  be  certified  by  the  Secretary  of  State 
to  the  county  clerk  or  printed  on  the  pri- 
mary ballot.     [As  amended  June  27,  1913. 

Sec.  8.  CERTIFICATION  TO  COUNTY 
CLERK  AND  ELECTION  COMMISSIONERS.] 

Not  less  than  thirty  (30)  days  prior  to  the 
date  of  the  primary,  the  Secretary  of 
State  shall  certify  to  the  county  clerk  of 
each  county  the  names  of  all  candidates 

80 


for  senatorial  offices  as  specified  in  the 
petitions  for  nominations  on  file  in  his 
office,  which  are  to  be  voted  for  in  such 
county,  stating  in  such  certificates  the 
political  affiliations  of  each  candidate  for 
nomination  as  specified  in  said  petition. 
The  Secretary  of  State  shall,  in  his  certi- 
ficate to  the  county  clerk,  certify  to  said 
.county  clerk  the  names  of  the  candidates 
in  the  order  in  which  said  names  shall 
appear  upon  the  primary  ballot,  said 
names  to  appear  in  the  order  in  which 
petitions  shall  have  been  filed  in  the  office 
of  the  Secretary  of  State,  except  as  other- 
wise provided  in  this  Act. 

Not  less  than  twenty-eight  days  (28) 
prior  to  the  date  of  the  primary,  the 
county  clerk  shall  certify  to  the  board  of 
election  commissioners,  if  there  be  any 
such  board  in  his  county,  the  names  of  all 
candidates  so  certified  to  him  by  the  Secre- 
tary of  State,  together  with  the  names  of 
all  candidates  for  senatorial  committee- 
men  in  the  districts  wholly  or  partly 
within  the  jurisdiction  of  said  board  and 
in  the  order  in  which  such  names  are 
certified  to  him,  or  in  which  petitions  are 
filed  in  his  office.  [As  amended  June  27, 
1913. 

Sec.  9.  BALLOTS — BY  WHOM  PRINT- 
ED —  NAMES.]  The  county  clerk  of 
each  county  or  the  Board  of  Election 
Commissioners,  as  the  case  may  be, 
shall  prepare  and  cause  to  be  printed 
the  primary  ballot  of  each  political  party 
for  each  precinct  in  his  respective  county 
and  the  names  of  all  candidates  provided 
in  this  Act  which  are  certified  to  the  office 
of  the  county  clerk  by  the  Secretary  of 
State  and  of  all  candidates  for  senatorial 
committeeman  whose  petitions  have  been 

81 


filed  in  said  office  shall  be  placed  on  the 
same  ballot  as  candidates  for  other  offices 
for  nominations,  to  foe  voted  for  at  the 
same  primary  election,  properly  arranged, 
however,  -  under  the  name  of  each  office. 
Below  the  name  of  the  office  of  Repre- 
sentative in  the  General  Assembly  shall 
be  printed  in  small  letters  the  directions 
to  the  voters,  "vote  for  one,  two  or  three." 

Sec.  10.  NAMES  ON  BALLOT  —  OR- 
DER.] The  Secretary  of  State  shall  in  his 
certificate  to  the  county  clerk  certify  to 
said  county  clerk  the  position  which  the 
names  of  candidates  for  senatorial  officers 
[offices]  shall  occupy  upon  the  primary 
ballot  with  reference  to  the  position  of 
candidates  for  other  offices.  The  names 
of  the  candidates  for  senatorial  com- 
mitteemen  shall,  under  the  proper  head- 
ing, be  placed  on  the  primary  ballot 
immediately  after  the  names  of  the  can- 
didates for  senatorial  offices,  in  the  order 
in  which  their  petitions  were  filed  in  the 
office  of  the  county  clerk. 

Sec.  11.  REPRESENTATIVES  IN  GEN- 
ERAL ASSEMBLY — NUMBER — How  VOTED 
FOR.]  At  least  thirty-three  (33)  days 
prior  to  the  date  of  the  April  primary 
the  senatorial  committee  of  each  political 
party  shall  meet  and,  by  resolution  fix 
and  determine  the  number  of  candidates 
to  be  nominated  by  their  party  at  the 
primary  for  Representative  in  the  General 
Assembly.  A  copy  of  said  resolution, 
duly  certified  by  the  chairman  and  attest- 
ed by  the  secretary  of  the  committee, 
shall  within  five  days  thereafter  be  filed 
in  the  office  of  the  Secretary  of  State,  and 

82 


in  the  office  of  the  county  clerk  of  each 
county  in  the  senatorial  district. 

In  all  primaries  for  the  nomination 
of  candidates  for  Representatives  in  the 
General  Assembly  each  qualified  primary 
elector  may  cast  three  votes  for  one 
candidate  or  may  distribute  the  same  or 
equal  parts  thereof  among  two  candidates 
or  three  candidates  as  he  shall  see  fit. 
And  the  said  candidate  or  candidates  for 
nomination  highest  in  votes  shall  be  de- 
clared nominated  for  the  office  to  be  filled. 

Sec.  12.  CANVASS  OF  VOTES — How 
COUNTED.]  The  votes  for  the  nomination 
of  candidates  for  Representative  in  the 
General  Assembly  shall  be  canvassed  in 
the  following  manner. 

(1)  When   a    cross   is   placed    in    the 
squares  preceding  the  names  of  three  (3) 
candidates  and  the  ballot  for  Representa- 
tive in  the  General  Assembly  is  not  other- 
wise marked  it  shall  be  counted  as  one 
vote  for  each  candidate. 

(2)  When   a   cross   is    placed    in    the 
squares  preceding  the  names  of  two  can- 
didates, and  the  ballot  for  Representative 
in  the  General  Assembly  is  not- otherwise 
marked,  it  shall  be  counted  as  one  and 
one-half  (1|)  votes  for  each  of  such  can- 
didates. 

(3)  When  a  cross  is  placed  in  the  square 
preceding    the    name    of    one    candidate, 
and  the  ballot  for  Representative  in  the 
ed,  it  shall  be  counted  as  three  (3)  votes 
for  such  candidate. 

(4)  When    the    ballot    has    been    so 
marked  as  to  indicate  the  intention  to 

83 


cast  more  than  three  votes  for  the  nomi- 
nation of  candidates  for  Representatives 
in  the  General  Assembly,  such  ballot  shall 
not  be  counted  for  any  of  such  candidates. 

The  requisite  number  of  persons  receiv- 
ing the  highest  number  of  votes  as  candi- 
dates of  their  party  in  any  county,  or  sena- 
torial district,  as  the  case  may  be,  for 
senatorial  committeemen,  shall  be  declared 
elected  senatorial  committeemen  from 
such  county,  or  senatorial  district. 

If  the  primary  elector  marks  more 
names  .upon  the  primary  ballot  than  there 
are  persons  to  be  nominated  as  candidates 
for  State  Senator  or  for  senatorial  com- 
mitteeman,  or  if  for  any  reason  it  is  impos- 
sible to  determine  the  primary  elector's 
choice  of  a  candidate  for  the  nomination 
for  State  Senator  or  senatorial  committee- 
man,  his  primary  ballot  shall  not  be  count- 
ed for  the  nomination  for  such  office  or 
committeeman . 

Sec.  13.  RETURNS  OF  PRIMARY  - 
CANVASS,  CERTIFICATION,  TABULATION — 
CONTESTS.]  Except  as  herein  otherwise 
expressly  provided,  each,  every  and  all  of 
the  provisions  of  any  Act  relating  to  the 
holding  of  primary  elections  by  political 
parties,  passed  by  this  extraordinary  ses- 
sion of  the  General  Assembly,  and  Acts 
hereafter  passed  amendatory  thereof  shall, 
so  far  as  the  same  may  be  applicable, 
apply  to  and  govern  primary  elections  and 
contests  thereof  held  under  the  provisions 
of  this  Act.  The  returns  of  such  primary 
shall  be  made  to  the  county  clerk  or  board 
of  election  commissioners,  as  the  case  may 
be,  and  shall  be  canvassed  and  certified 

84 


as  other  returns  made  to  the  county  clerk 
or  board  of  election  commissioners,  as  the 
case  may  be.  The  county  canvassing 
board,  or  the  board  of  election  commission- 
ers, as  the  case  may  be,  shall  issue  a 
certificate  of  election  to  the  requisite  num- 
ber of  persons  of  each  political  party 
shown  by  the  returns  to  be  elected  mem- 
bers of  the  senatorial  committee. 

Tabulated  statements  of  the  returns  of 
the  primary  for  the  nomination  of  candi- 
dates for  senatorial  offices  shall  be  made  to 
the  Secretary  of  State,  canvassed  by  the 
State  Primary  Canvassing  Board,  pro- 
clamation of  the  result  thereof  made,  and 
certificates  of  nomination  issued,  as  in  the 
case  of  other  tabulated  statements  of 
returns  made  to  the  Secretary  of  State,  and 
the  election  of  any  person  nominated  or  of 
senatorial  cpmmitteemen  may  be  con- 
tested by  filing  with  the  clerk  of  the  cir- 
cuit court  a  petition  in  writing  and  filing 
notice  in  writing  with  the  proper  canvass- 
ing boards  as  required  by  the  Acts  last 
referred  to  and  the  pains  and  penalties 
prescribed  in  the  Acts  last  referred  to  shall 
apply  to  and  govern  all  elections  held 
under  this  Act.  [As  amended  June  27, 
1913. 

Sec.  14.  INDEPENDENT  CANDIDATES.] 
Nothing  in  this  Act  contained  shall  be 
construed  to  prevent  the  nomination  of 
independent  candidates  by  petition,  as 
is  now  or  may  hereafter  be  provided  by 
law.  ^  a  j  ,  ,  , 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  SO  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.OO  ON  THE  SEVENTH  DAY 
OVERDUE. 


JUL   27  1934 


00 


^93000 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


